[HISTORY: Adopted by the Village Board of the Village of Allouez as Ch. 340 of the Village Code. Amendments noted where applicable.]
Except as otherwise specified herein, all provisions of Chapter 340, Vehicles – General Provisions, Chapter 341, Registration of Vehicles, Chapter 342, Vehicle Title and Anti-Theft Law, Chapter 343, Operators' Licenses, Chapter 344, Vehicles – Financial Responsibility, Chapter 345, Vehicles – Civil and Criminal Liability, Chapter 346, Rules of the Road, Chapter 347, Equipment of Vehicles, and Chapter 348, Vehicles – Size, Weight and Load, of the Wisconsin Statutes, describing and defining regulations with respect to vehicles and traffic, for which the penalty is a forfeiture only, including penalties and assessments to be imposed and the procedure for prosecution, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act of any statute incorporated herein by reference required to be performed is hereby required to be performed, or prohibited is hereby prohibited.
There are also hereby adopted by reference the following sections of the Wisconsin Statutes, but the prosecution of such offenses under this chapter shall be as provided in Chapters 340 to 348 of the Wisconsin Statutes and the penalty for violation thereof shall be limited to a forfeiture as provided in § 424-30 of this chapter:
Section 941.01(1), Negligent operation of vehicle off highway.
On the basis of a certain engineering and traffic investigation heretofore made, the speeds on the highways or parts thereof indicated in Subsection B are determined and declared to be reasonable and safe pursuant to the provisions of § 349.11, Wis. Stats., and, subject to the approval of the State Department of Transportation, shall be the speed limits on such highways or parts thereof upon erecting and placing appropriate signs giving notice of such limits. No person shall drive a vehicle in excess of such speed limits.
In accordance with Subsection A, the following speed limits are established within Allouez:
When signs are erected giving notice thereof, the operator of a vehicle shall not overtake and pass another vehicle proceeding in the same direction on the following streets and highways:
The streets and intersections described in this section are hereby designated through streets and stop intersections as set forth herein. When stop signs are erected in accordance with this section, the operator of a vehicle approaching any such sign shall stop as required by law.
The intersections described in Subsection B are hereby designated yield right-of-way intersections as set forth in that subsection. When yield signs are erected in accordance with this section, the operator of a vehicle approaching any such sign shall yield the right-of-way, as required by law.
Pursuant to the provisions of § 349.10, Wis. Stats., the following streets and alleyways are hereby declared to be a one-way highway; appropriate signs shall be erected to designate them as a one-way highway, and all vehicles on such highways shall be operated only in the direction designated herein:
Catherine Street, westbound from Webster Avenue to South Jackson Street.
There shall be no through trucking on Allouez Place, on West Briar Lane, or on West Roselawn Boulevard. Signs shall be erected giving notice hereof.
No person shall drink, open a container of, or carry any open or unsealed container of any fermented malt beverage or intoxicating liquor in a moving vehicle on a public highway within the Village of Allouez.
No person shall park, bring to a stop, or leave standing, whether temporarily or otherwise, any vehicle, excepting only school buses, during the hours of 7:30 a.m. to 4:30 p.m. during school days, in the following areas, which are hereby designated as a "school bus unloading zone":
Allouez Avenue, north side, from the intersection with Webster Avenue west a distance of 213 feet.
When signs are erected giving notice thereof, no person shall park a vehicle upon any of the streets or part of streets described in Subsection B of this section during the times set forth in that subsection, except to comply with the directions of a traffic officer or traffic control signal or sign.
No person shall park a vehicle on or upon, or so as to cross or obstruct or in any manner intrude upon or over, any part of any public sidewalk, public walkway, public median area, or public park area.
No person shall park, stop or leave standing any vehicle, whether attended or unattended, whether temporarily or otherwise, upon any portion of any street, highway, or parking facility reserved for handicapped persons and which has been so designated by any official traffic sign and district marker or parking meter indicating such restriction, except for vehicles displaying special registration plates issued under the provisions of § 341.14(1), (1a), (1m) or (1q), Wis. Stats., or prominently displaying a special identification card for the physically disabled, which is issued under the provisions of § 343.51(1), Wis. Stats., or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.
Roundabouts. No person shall park, stop or leave standing any vehicle, trailer or equipment, whether attended or unattended, in or on a roundabout.
This subsection does not apply to vehicles, trailers or equipment used in highway maintenance for construction work service or public works service if the nature of the work is such as to require the stopping or standing of the vehicle, trailer or equipment in or on the roundabout.
This subsection does not apply to vehicles, trailers, or equipment used to maintain the roundabout, to include landscaping or lawn service if the nature of the work is such as to require the stopping of the vehicle, trailer or equipment in or on the roundabout.
Authority to issue parking citations. In addition to duly authorized law enforcement officers, the following individuals are authorized to issue parking tickets for all parking violations under this chapter:
Northeastern Wisconsin Technical College Police Science Program students who are participating in the Village of Allouez Code Enforcement Program administered by the Village's Code and Safety Enforcement Coordinator.
In accordance with Subsection A, when signs are erected giving notice thereof, no person shall park a vehicle on any of the following streets at any time:
Limited no-parking zones. In accordance with Subsection A, when signs are erected giving notice thereof, no person shall park a vehicle in any of the following streets at the times specified herein:
Handicapped unloading zone.
Semicircular driveway of Webster School, intersecting South Webster Avenue, east side of driveway, from a point 15 feet southerly of the northerly edge of the northernmost intersection with South Webster Avenue southerly to a point 105 feet south of the northerly edge of the northernmost intersection with South Webster, from 7:30 a.m. to 4:30 p.m. on school days.
No parking during street sweeping operations. No parking is permitted on Village streets from April 1 to November 15 during the hours of 6:00 a.m. to 4:00 p.m. Monday through Thursday during the garbage and recycling schedule posted on the Village website and at the Village Hall. The intent of this provision is to enable street sweeping curb to curb during the no-parking periods. Daily no-parking zones are generally described as follows:
Monday. The area south of the north Village limit, north of STH 172, west of Webster Avenue, and north of and including all properties on Floral Drive.
Tuesday. The area south of Floral Drive, east of Webster Avenue, north of Greene Avenue, to the East River.
Wednesday. The area from the Fox River to the East River, south of Greene Avenue and south STH 172, north of the south Village limits and west of Webster Avenue, and north of Hoffman Road and north of the culs-de-sac along Hoffman Road.
Thursday. The area from Webster Avenue to the East River and south of Hoffman Road but including the culs-de-sac fronting Hoffman Road, to the south Village limits.
Refer to the posted collection route map at the Village Hall or on the Village website.
No person shall park a vehicle on any street in the Village between 2:00 a.m. and 6:00 a.m. during the five-month period from November 1 through March 31 of the following year. The Village Administrator has the authority to call off or suspend the seasonal parking ban ordinance, weather permitting, after March 15 of any one year.
No person shall park a vehicle on any street in the Village for any period in excess of 24 hours.
No owner or other person having charge or control of a vehicle of any type, including but not limited to motor vehicles, which is not in good and safe operating condition, or which may otherwise not be permitted by law to be operated or used upon the public highway, shall authorize, allow or permit the parking or storage of the vehicle on any street or public property of, in or within the Village of Allouez, except as may be permitted by § 346.50, Wis. Stats.
No person shall operate any motor-driven vehicle, and no person who owns or is in possession of any motor-driven vehicle shall allow or permit the operation of such vehicle, in any park, within the boundaries of any parkway, on any public school ground, or upon any other public lands within the Village, except in areas and upon such ways as are specifically designated and posted by the Village Board for use by such a vehicle.
In the event that a vehicle is found in violation of any provision of this chapter relating to parking of vehicles, under circumstances wherein the person who parked the vehicle is unknown, it shall be presumed that the owner of the vehicle authorized, allowed or permitted the vehicle to be so parked.
Class "B" highways designated. All streets and alleys within the Village of Allouez, except the following enumerated streets and alleys, are hereby designated Class "B" highways and shall be subject to the weight limitations imposed by § 348.16, Wis. Stats., unless otherwise designated by the County Board of Brown County:
Special and season weight limitations. 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 Village of Allouez, or for the safety of users of such highway, bridge or culvert, and shall be responsible for erecting signs giving notice thereof, in accordance with § 349.16, Wis. Stats.
Heavy traffic routes designated. The following streets and parts of streets within the Village of Allouez are hereby designated heavy traffic routes:
Allouez Avenue, east and west, from Riverside Drive to the East River.
East Hoffman Road, from South Webster Avenue to the East River.
South Webster Avenue, from the city limits of De Pere to the city limits of Green Bay.
Marine Street, from Riverside Drive to the city limits of Green Bay and to the Chicago and Northwestern Railway bridge.
Restrictions on use of other streets by heavy traffic. No vehicle, except a motor bus, which is not equipped with pneumatic tires or has a combined vehicle load weight exceeding 6,000 pounds shall be operated or moved on any street or alley not part of the heavy traffic route designated in Subsection C of this section in the Village of Allouez, except for the purpose of obtaining an order for or moving or delivering supplies or commodities to or from a place of business or residence facing thereon, provided that in no event shall the weight of vehicle and load on such other street exceed the limitations of § 348.15 or 348.16(3), Wis. Stats., pertaining to Class "A" highways or deliveries on Class "B" highways.
Administrator authorized to procure and erect signs and signals. The Village Administrator is hereby authorized and directed to procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation giving such notice of the provisions of this chapter as required by state law. Signs shall be erected in such locations and manner as the Village Board shall determine will best effect the purposes of this chapter and give adequate warning to users of the street or highway.
Removal of unofficial signs and signals. The Village Administrator shall have the authority granted by § 349.09, Wis. Stats., and is hereby directed to order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this chapter or § 346.41, Wis. Stats. Any charge imposed on a premises for removal of such an illegal sign, signal or device shall be reported to the Village Board at its next regular meeting for review and certification.
The provisions of § 345.60, Wis. Stats., shall apply to convictions under this chapter.
The operator of a school bus in a residential or business district of the Village of Allouez shall activate the flashing red warning lights when pupils or other authorized passengers are to be loaded or unloaded at a location at which there are no traffic signals and such persons must cross the street or highway before being loaded or after being unloaded. Said lights shall not be extinguished until loading or unloading is completed and the persons who must cross the highway are safely across.
The operator of a motor vehicle shall obey the signal of a school crossing guard to stop in order to allow children to cross a street at an intersection or marked crosswalk. The operator shall remain stopped until the children reach the other side of the street or the crossing guard indicates that he or she may proceed ahead in safety.
Conduct prohibited. No person within the Village of Allouez, through the use of any motor vehicle, including but not limited to an automobile, truck, motorcycle, minibike or snowmobile, shall cause or provoke disorderly conduct with a motor vehicle.
Definition. Disorderly conduct with a motor vehicle shall mean, while operating or in control of a motor vehicle, to engage in conduct or activities which are violent, unreasonably loud, dangerous to persons or property, or otherwise against the public peace, welfare and safety, including but not limited to unnecessary, deliberate or intentional spinning of the wheels, squealing of the tires, revving or racing of the engine, blowing of the horn, causing the engine to backfire, or causing the vehicle while commencing to move or while in motion to raise one or more wheels off the ground.
Compression brakes. No person shall use compression brakes or operate a motor vehicle using brakes which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof, unless such brakes are necessarily used in an emergency situation. The prohibition contained in this subsection shall not apply to fire, law enforcement, EMS and/or other emergency vehicles.
No person while operating a motor vehicle shall turn left upon entering the following streets:
The lanes at the intersections described in Subsection B are hereby designated right turn only and left turn only, as indicated. When right turn only or/and left turn only signs are erected in accordance with Subsection B, the operator of a vehicle traveling in a lane marked with any such sign shall turn only in the direction indicated by the sign.
The speedometer on each motor vehicle owned by the Village for law enforcement and traffic control purposes shall be calibrated no less often than once each 60 days by the Brown County Sheriff's Department, and the records of such calibrations shall be official records of the Village and may be retained in the custody of either the Brown County Sheriff's Department or the Village Clerk-Treasurer, or both.
No person while operating a motor vehicle shall drive across or upon a sidewalk, driveway, parking lot or private property, or otherwise drive off a roadway, in order to avoid an intersection or traffic control device.
The rules of the Wisconsin Department of Transportation in Chapter Trans 305, Standards for Vehicle Equipment, of the Wisconsin Administrative Code, for which the penalty is a forfeiture only, including penalties and assessments to be imposed, 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 which is prohibited by any Administrative Code provision incorporated herein by reference is required or prohibited by this chapter. Any further amendments, revisions or modifications of the provisions incorporated herein are intended to be made part of this chapter in order to secure uniform state-wide regulation of traffic on the highways, streets and alleys of the State of Wisconsin.
The Public Works Director is hereby authorized and directed to prohibit traffic and/or parking on streets in certain areas to facilitate snow removal, at any time during a calendar day from November 1 to March 31 of the following year, and to tow away or otherwise cause removal of any vehicles parked in the prohibited area during the emergency period. In such case, the Public Works Director shall designate the days and times during which traffic or parking shall be prohibited, and shall designate the streets and/or area of the streets affected, and shall give notice of the same either by publication in a local newspaper, by announcement over a local commercial radio station, by placement of signs in the areas designated, or by other appropriate or convenient means, notifying the public that traffic and/or parking of vehicles in the designated area is prohibited during the emergency.
The provisions of the Wisconsin Statutes adopted and made a part hereof by reference under §§ 424-1 and 424-2 hereof include those statutes now in existence and as they may be amended from time to time hereafter, and those statutes hereafter created and/or amended as a part of Chapters 340 to 348, inclusive, Wisconsin Statutes, as of their respective effective statutory dates.
The penalty for violation of any provision of this chapter shall be a forfeiture as hereinafter provided, together with the costs of prosecution imposed, as provided in §§ 345.20 to 345.53, Wis. Stats.
Uniform offenses. Forfeitures for violation of any provisions of Chapters 341 to 348 and 941 of the Wisconsin Statutes, adopted by reference in §§ 424-1 and 424-2 of this chapter, shall conform to forfeitures for violation of the comparable state offense, including any variations or increases for second offense.
Special local regulations. The forfeiture for a violation of any of the provisions of §§ 424-3 through 424-6, inclusive, 424-8, 424-9 and 424-15 of this chapter shall be not less than $20 nor more than $200 for the first offense and not less than $50 nor more than $500 for the second and each subsequent offense committed within a period of two years from the date of committing the preceding offense. The forfeiture for a violation of § 424-7 shall be not less than $250 nor more than $500.
School bus zone. The forfeiture for violation of any provision of § 424-10 of this chapter shall be not less than $25 nor more than $200 for the first offense and not less than $50 nor more than $200 for the second or subsequent offense within two years.
Improper parking, §§ 346.50 to 346.55, Wis. Stats.: $20.
Parking within 10 feet of a fire hydrant, § 346.53(3), Wis. Stats.: $20.
Parking within four feet of a driveway or alley, § 346.53(4), Wis. Stats.: $20.
Parking on wrong side of street, § 346.55, Wis. Stats.: $20.
Other violations, §§ 346.50 to 346.55, Wis. Stats.: $20.
A payment by check, money order or cash of $20 must be paid within five days of the issuance of this citation. The fine will increase to $30 if not paid within 10 days, and after 11 days the fine will increase to $40. If it is not paid within 30 days, vehicle registration license plates will be suspended and a forfeiture of $55 (parking ticket $50 plus a state collection fee of $5) will be required for reinstatement as provided in Subsection G.
Miscellaneous. Each act of violation and every day upon which a violation occurs or continues constitutes a separate offense. In default of the immediate payment of any forfeitures and the costs of prosecution or payment within such period of time as specified by the court, any person convicted of a violation of this chapter shall be committed to the Brown County jail until such forfeiture and costs are paid. Every commitment shall limit the duration of such confinement to a definite term not exceeding 90 days.
Safety schools. In addition to, or in lieu of, other penalties provided by this section for violation of Chapters 346 to 348, Wisconsin Statutes, adopted by reference in § 424-1 of this chapter, the Municipal Court may order the convicted person to attend, for a certain number of school days, a traffic safety school whose course and mode of instruction are approved by the Administrator of the Division of Motor Vehicles and which is conducted by the Sheriff's office of the county or by any regularly established safety organization.
Nonmoving violation and registration program. Pursuant to the provisions of § 345.28(4), Wis. Stats., the Village Board hereby authorizes participation in the nonmoving traffic violation and registration program of the Wisconsin Department of Transportation and the payment of costs established by the Department under § 85.13, Wis. Stats., and further orders that such costs shall, in turn, be assessed against persons charged with nonmoving traffic violations. The Village Attorney shall be responsible for complying with the requirements set forth in § 345.28(4), Wis. Stats.
Other violations. The forfeiture for violation of the provisions of any section of this chapter not otherwise provided for shall be not less than $35 nor more than $200.
Snow removal. The forfeiture to be imposed upon an operator permitting his/her vehicle to travel within a prohibited area, and upon an owner and operator of a vehicle parking his/her vehicle or allowing or permitting his/her vehicle to be parked within a prohibited area during a snow removal emergency, shall be as provided by Subsection H of this section. In addition, upon conviction said owner and operator shall pay all costs of towing and removal of a vehicle parked in a prohibited area as designated under the provisions of § 424-28 and shall be subject to all other penalties herein provided as may be ordered by the Municipal Court.
Designated spaces. Where individual parking spaces are marked on the curbing or pavement, every vehicle shall be parked entirely within the limits of the spaces so designated. The forfeiture for a violation of this provision is $20.
This chapter shall be enforced in accordance with the provisions of §§ 345.20 to 345.53, Ch. 799, and § 66.0114, Wis. Stats.
Stipulation of guilt or no contest. Stipulations of guilt or no contest may be made by persons arrested for violations of this chapter in accordance with § 66.0114(1)(b), Wis. Stats., whenever the provisions of § 345.27, Wis. Stats., are inapplicable to such violations. Stipulations shall conform to the form contained on the uniform traffic citation and complaint under § 345.11, Wis. Stats., and may be accepted within five days of the date of the alleged violation. Stipulations may be accepted by the Clerk of the Municipal Court of the Village of Allouez.
Deposits. Any person stipulating guilt or no contest under Subsection A of this section must make the deposit required under § 345.26, Wis. Stats., or, if the deposit is not established under such statute, shall deposit a forfeited penalty as provided in the schedule established by the Municipal Court and approved by the Village Board. Deposits may be brought or mailed to the office of the Municipal Judge or Clerk of Municipal Court as directed by the arresting officer. Deposits for parking or nonmoving violations shall be mailed or brought to the Village Clerk-Treasurer.
Notice of demerit points and receipt. 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., and shall require the alleged violator to sign a statement of notice in substantially the form contained on the uniform traffic citation and complaint promulgated under § 345.11, Wis. Stats.
Forfeitures in treasury; officer to post bond and qualify. Any officer accepting deposits or forfeited penalties under this chapter shall deliver them to the Village Clerk-Treasurer within 20 days after receipt. Any officer authorized to accept deposits under § 345.26, Wis. Stats., or this chapter shall qualify by taking the oath prescribed by § 19.01, Wis. Stats., and filing an official bond in the sum of $1,000 as described by § 19.01, Wis. Stats.
Reopening judgments. Any person, firm or corporation who or which has been found guilty by the Municipal Court of a violation of any Village ordinance as a result of a plea of guilty or no contest, or by reason of a default, may petition the court to vacate the judgment so that the matter may be tried or otherwise disposed of. No particular form for the petition is required, but it must contain the name of the defendant, the address of the defendant on the date of the incident and on the date of the petition (if different), the citation number, the date of the incident, the violation charged, and the date of the entry of the judgment. The petition shall be filed with the Municipal Court Clerk within six months of the date of the judgment and if not so filed within such period of time shall be denied. The petition shall be granted only by the Municipal Judge and only if the Judge finds good cause, or that it is equitable that the judgment be vacated, or that there are other good reasons that justify vacating the judgment and reopening the case. The Municipal Court Clerk shall not file the petition unless the petitioner also pays the fee set forth at Chapter 225, Fees and Charges, of this Code.