[HISTORY: Adopted by the Village Board of the Village of
Denmark at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, the
statutory provisions or rules of the Department of Transportation
in Chs. 340 to 348, Wis. Stats., and Ch. Trans 305, Wis. Adm. Code,
describing and defining regulations with respect to vehicles and traffic,
exclusive of any provisions therein for which the statutory penalty
is a fine or term of imprisonment, 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 prohibited by any statute or rules of
the Department of Transportation incorporated herein by reference
is required or prohibited by this chapter. Any future amendments,
revisions or modifications of the statutes or rules of the Department
of Transportation incorporated herein 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 Wisconsin.
A.
Authority
of Public Works Director. The Public Works Director is hereby authorized
and directed to procure, erect or cause to be erected and maintain
appropriate standard traffic signs, signals and markings conforming
to the rules 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.
B.
Removal
of unofficial signs and signals. The Public Works Director and Police
Department shall have the authority granted by § 349.09,
Wis. Stats., and are hereby directed to order the removal of a sign,
signal, marking or device placed, maintained or displayed in violation
of this section or § 346.41, Wis. Stats. Any signs which
impose any immediate safety risk to pedestrians, vehicular traffic,
or the public at large may be removed by the Police Department without
prior approval after ascertaining, if possible, that permission has
not been granted by Village officials for posting of said signs. Any
charge imposed on a premises for removal of an illegal sign, signal
or device shall be reported to the Village Board at its next regular
meeting for review and certification.
C.
Illegal
signs.
(1)
Erection
of signs. Except as otherwise specifically provided in this chapter,
the statutory provisions in § 86.191(1), (2), (3) and (4),
Wis. Stats., are hereby adopted and by reference made part of this
chapter as if fully set forth herein. Any future amendments, revisions,
or modifications of this statute incorporated herein are intended
to be made part of this chapter.
(2)
No
person shall post or fasten on any telegraph, telephone, traffic post,
or electric pole within the Village or upon any tree within any street
or public ground in the Village any bill, sign, notice, or advertising
device. Permission to any person to erect and maintain poles shall
not be construed to grant the right to use or rent such poles for
advertising purposes.
All school bus operators operating buses within the Village
shall use flashing red warning lights when pupils or other authorized
passengers are to be loaded or unloaded at any location, except in
authorized loading zones.
The following streets are designated arteries for through traffic:
A.
All of former U.S. Highway 141 as it passes through the Village and
consisting of the following main streets:
B.
County Trunk Highway KB from its intersection with County Trunk T
and Wisconsin Avenue and Main Street to the westerly Village limits.
C.
North Wall Street from the intersection of Main Street and Wisconsin
Avenue with North Wall Street, north to the north Village limits.
D.
Jorgensen Street from its intersection with Green Bay Road, north
through the intersection of Maple Street.
E.
Kellner Street and South Wall Street from the intersection with Wisconsin
Avenue south to the southerly Village limits.
F.
Woodrow Street from the intersection of Green Bay Road to its northerly
termination.
A.
Parking, standing and stopping. The authority to regulate the parking,
standing and stopping of vehicles in delegated to the Police Department,
pursuant to § 349.13, Wis. Stats., subject to control of
the Village Board.
B.
Nighttime parking prohibited.
C.
Parking vehicles for sale prohibited. No person shall park any vehicle
displayed for sale upon any street in the Village.
D.
Street
storage prohibited. No person shall park any vehicle on any street,
roadway, highway, or alley within the Village at any time for more
than 48 continuous hours without movement. "Movement" is defined as
leaving the parking area completely.
E.
Parking
for repairs. No repair to motor vehicles of any nature or of trailers
capable of being attached to motor vehicles shall be conducted on
the streets of the Village except for emergency repairs.
F.
Truck parking.
(1)
Truck
parking in residential/commercial areas.
(a)
No person shall stop, leave standing or store a semitrailer
or semi-tractor in a residential area.
(b)
No person shall stop, leave standing or store a semitrailer
or semi-tractor in a commercial or business area except when engaged
in unloading/loading or rendering a service to a commercial venture
within the immediate area.
(2)
The
following trucks are expressly prohibited from parking at any time
for more than 48 continuous hours without movement in residential
areas:
(a)
Vehicles requiring a license which exceed 10,000 pounds.
(b)
Vehicles equipped or used for auto salvage, commonly referred
to as a "wrecker."
(c)
A trailer requiring a license to be operated on the highways,
streets or roadways in the state.
(d)
A vehicle requiring an apportioned license.
(e)
Fishing boats, trailers, recreational vehicles or truck trailers
longer than 48 feet.
G.
Penalty
for violation. Violations of this section shall result in parking
ticket of $20.
H.
Parking
in parkways. No vehicle shall be parked in any unpaved parkways (the
area between the Village right-of-way and the traveled portion of
the road).
I.
Semitrailers.
The parking of any semitrailers, camping trailers, or trailers that
are not attached to a truck tractor, road tractor, farm tractor, or
motor truck is prohibited on all streets, roadways and highways in
the Village. Motor homes and recreation vehicles may not be parked
on any street in the Village for more than 48 continuous hours without
movement.
J.
Trailer
parking.
(1)
Prohibited. Except as provided herein, no person shall park a trailer
on any street, alley, highway or road, or any other public place,
or on any privately owned tract of land within the Village.
(2)
Trailer defined. Any coach, cabin, mobile home, recreational vehicle
or other vehicle or structure intended for or capable of human dwelling
or sleeping purposes, mounted upon wheels or supports or capable of
being moved.
K.
Vehicles
exempt. This section shall not apply to vehicles owned by the federal
or state government or political subdivisions thereof, when actually
engaged in governmental functions.
L.
Parking
in bike lanes.
(1)
No
person or driver shall stand or park any motor vehicle in a marked
bike or shared bike lane in the Village of Denmark.
(2)
Nothing
in this subsection shall prevent standing or parking a motor vehicle
in a marked or shared bike lane in the following circumstances:
(3)
Any
person violating the provisions of this subsection shall be subject
to a fine of $20 for each offense.
M.
Standing, stopping or parking prohibited in parking spaces reserved
for vehicles used by persons with physical disabilities.
[Added 8-5-2019 by Ord. No. 2019-01]
(1)
Except for a motor vehicle used by a physically disabled person as
defined under § 346.503(1) and except as provided by Wis.
Stats. § 346.505(4)(a), no person shall park, stop, or leave
standing any vehicle, whether attended or unattended and whether temporarily
or otherwise, upon any portion of a street, highway or parking facility
in the Village reserved, by official traffic signs indicating the
restriction, for vehicles displaying special registration plates issued
under Wis. Stats. § 341.14(1), (1a), (le), (1m) or 1(q)
or a special identification card issued under Wis. Stats. § 343.51
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.
(2)
No person shall park, stop, or leave standing any vehicle, whether
attended or unattended and whether temporarily or otherwise, upon
any portion of a street, highway or parking facility in the Village
so as to obstruct, block or otherwise limit the use of any portion
of a street, highway or parking facility in the Village reserved,
by official traffic signs indicating the restriction, for vehicles
displaying special registration plates issued under Wis. Stats. § 341.14(1),
(1a), (1e), (1m) or 1(q) or a special identification card issued under
Wis. Stats. § 343.51 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.
(3)
Notwithstanding Subsection M(2) of this section, no person shall park, stop, or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility in the Village that is clearly marked as and intended to be an access aisle to provide entry to and exit from vehicles by persons with physical disabilities and which is immediately adjacent to any portion of a street, highway or parking facility in the Village reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under Wis. Stats. § 341.14(1), (1a), (1e), (1m) or 1(q) or a special identification card issued under Wis. Stats. § 343.51 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.
N.
Abandoned motor vehicle parking prohibited. No person or entity shall
park or leave unattended any motor vehicle, trailer, semitrailer,
boat, mobile home, or other similar type of property on any public
street or highway or public or private property for such time and
under such circumstances as to cause the vehicle or property to reasonably
appear to have been abandoned. When any such vehicle or property has
been parked or left unattended as aforesaid without permission of
the Village or property owner for more than 24 hours, the vehicle
or property is deemed abandoned and constitutes a public nuisance.
[Amended 8-5-2019 by Ord. No.
2019-02]
No person shall permit a motor vehicle in his custody to stand
or remain unattended on any street or alley or in any other public
place, except an attended parking area, unless the starting lever,
throttle, steering apparatus, gear shift or ignition of said vehicle
is locked and the key removed.
Heavy truck routes are designated as follows:
|
Name of Street
|
Location
|
|---|---|
|
Bohemia Drive
|
Entire length
|
|
Broadway Street
|
Entire length
|
|
Green Bay Road
|
West from Woodrow Street to its westerly end
|
|
Hager Road
|
Entire length
|
|
Jorgensen Street
|
Between Oak Street and Maple Street
|
|
Kvitek Road
|
South from STH 96 to Village limits
|
|
Mahlik Lane
|
Entire length
|
|
Maple Street
|
Between Woodrow Street and Broadway Street
|
|
North Avenue Road
|
From easterly Village limit to westerly Village limit
|
|
Oak Street
|
Between Woodrow Street and Jorgensen Street
|
|
Pine Street
|
Between North Wall Street and Broadway Street
|
|
Prospect Street
|
Entire length
|
|
Railroad Avenue
|
Entire length
|
|
South Wall Street
|
Entire length
|
|
Woodrow Street
|
Between North Avenue Road and Green Bay Road
|
A.
Definition. As used in this section, "bicycle" means every device
propelled by human power upon which any person may ride, having two
tandem wheels over 14 inches in diameter with tires inflated.
B.
Registration.
(1)
Required. No person shall operate any bicycle upon any of the streets
of the Village unless the bicycle is properly registered and has its
registration displayed on it. Registration tags shall be provided
by the Village.
(2)
Applications. Duplicate applications for registration shall be made
by the owner on forms provided by the Village Board or by representatives
designated by the Village, and said applications shall contain the
name of the bicycle owner, address of the owner, parent name (if applicant
is under 16 years of age), and a description of the bicycle including
the serial number. The application shall contain such other information
as the Village Board shall deem pertinent.
(3)
Fees; records. Upon such application and payment of the registration
fee, the Village shall issue to the applicant a registration tag for
the bicycle which shall be valid for the life of the bicycle or until
a change of ownership and shall permit such bicycle to be operated
upon streets and highways of the Village as herein provided. The Village
shall keep a record of the date of issuance of such registration tag,
to whom issued and the number thereof.
(4)
Tags. No bicycle shall be considered registered until a registration
tag shall be affixed to the frame of such bicycle, which shall remain
so affixed until reregistration, or until removed by the court of
local jurisdiction for just cause.
C.
Regulation of bicycle operations.
(1)
Lights. Every bicycle operated between sunset and sunrise shall be
equipped with a lamp firmly attached to the front of the bicycle,
exhibiting a white light to the front visible at a distance of 500
feet, and with a red reflector of at least two inches in diameter
on the rear visible from at least 500 feet. A lamp emitting a red
light may also be used.
(2)
Brakes. Every bicycle shall be equipped with adequate brakes as required
by law.
(3)
Hitching rides. No person riding upon a bicycle shall cling or attach
himself or his bicycle to any moving vehicle.
(4)
Carrying passenger. No bicycle shall be used to carry more persons
at one time than the number for which it is designed or equipped with
approved carriers.
(5)
Inspection. Checks of bicycles may be made by duly authorized Village
or county officers for the purpose of handling, control, safe operation
and mechanical condition.
(6)
Endangering safety. No operator of a bicycle shall ride a bicycle
in a reckless or hazardous manner or in any manner which could be
deemed to cause unnecessary risk of injury to the rider or pedestrians.
(7)
Riding on right side. The operator of a bicycle shall ride as near
as practicable to the right-hand curb or edge of the roadway except
when passing another vehicle or in making a left-hand turn. When riding
in groups operators shall ride in single file unless it is unavoidable;
on a one-way roadway the rider may ride as near as practicable to
either the right- or left-hand curb or edge of the roadway.
(8)
Parking. No bicycle shall be parked upon any sidewalk area or any
roadway in such a manner as to interfere with free passage of the
public.
(9)
Traffic signs. An operator of a bicycle shall stop for official stop
signs and automatic traffic signals.
(10)
On sidewalks. The use of any sidewalk within the Village limits
for the riding or propelling of any bicycle is prohibited, except
that bicycles may be propelled upon the sidewalks on unpaved streets.
Any person operating a bicycle upon a sidewalk shall yield the right-of-way
to any pedestrian and shall exercise due care and give an audible
signal when passing a bicycle rider or pedestrian proceeding in the
same direction.
(11)
Unsafe bicycles. Bicycles which are not mechanically safe shall
not be operated on the streets or highways of the Village.
(12)
Parents' responsibility. The parent of any child and the
guardian of any ward shall not authorize or knowingly permit any child
or ward to violate any of the provisions of this section.
(13)
Carrying articles. No operator of a bicycle shall carry any
package, bundle or article which prevents keeping at least one hand
upon the handlebars.
(14)
State rules. The operator of a bicycle shall obey provisions
of the Wisconsin Statutes relating thereto.
(15)
Headphones or earphones. No bicycle operator may wear headphones
or earphones covering both ears while operating a bicycle.
A.
Conduct prohibited. No person shall, within the Village, by or through
the use of any motor vehicle, including but not limited to an automobile,
truck, motorcycle, minibike, go-cart, snowmobile, or other means of
conveyance operated by motor, cause or provoke disorderly conduct
with a motor vehicle.
B.
Definition. "Disorderly conduct with a motor vehicle" means, 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.
(1)
This section also applies to the intentional pushing, unlawful towing
or any other intentional contact of a motor vehicle by another motor
vehicle on any highway within the Village.
(2)
Specifically excluded from this definition are legitimate, scheduled
racing events. Police officials, highway maintenance units or authorized
wrecker services in the performance of their respective duties are
exempt from this section.
No person shall use motor vehicle brakes within the Village
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. It shall
be an affirmative defense to the prosecution under this section that
such compression brakes were applied in an emergency situation and
were necessary for the protection of persons and/or property.
No person shall engage in any speed contest, exhibition of speed
or any unreasonable or unnecessary acceleration or show of power on
any street, alley or public parking lot in the Village, including
all school parking lots within the Village.
A.
ADMINISTRATIVE RULE
ENCLOSURE
JUNKED VEHICLE
LICENSED
OWNER
SALVAGE DEALERS
STORAGE
UNLICENSED MOTOR VEHICLE
ZONED or ZONING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The specific requirements that may be created to regulate
the storage of unlicensed motor vehicles:
The type of construction required to hide and harbor vehicles
from public view.
Any abandoned, disassembled, dismantled, inoperable, or wrecked
instrument by which someone travels or something is conveyed, either
by wheels, runners, or tracks.
Any license that is required to be carried by any motor-driven
vehicle when driven, used or propelled upon the public highway.
Considered to be the person or persons who occupy the premises
and who may or may not be the responsible person or persons to harbor
such unlicensed motor vehicle.
Dealers regulated by § 175.25, Wis. Stats.
The placement of a vehicle upon real property described in
Village assessment and tax roll.
A vehicle required to be licensed by the State Department
of Transportation when driven or propelled upon a public road but
which is not so licensed.
Any land use control ordinance, county or Village, that may
be in force.
B.
Abandoned motor vehicles.
(1)
No person or entity shall leave unattended any motor vehicle, trailer,
semitrailer, boat, mobile home, or other similar type of property
on any public street or highway or public or private property for
such time and under such circumstances as to cause the vehicle or
property to reasonably appear to have been abandoned. When any such
vehicle or property has been left unattended as aforesaid without
permission of the Village or property owner for more than 24 hours,
the vehicle or property is deemed abandoned and constitutes a public
nuisance.
(2)
Any police officer having jurisdiction who discovers any vehicle
or property on any public or private property which has been abandoned
shall cause the vehicle or property to be removed to a suitable place
of impoundment.
C.
Junked vehicles. No junked vehicle, or parts thereof, may be stored
outside any building on any property located in the Village. No person
shall leave any junked vehicle on any street, highway or other public
property within the Village. No person in charge or control of any
private property within the Village, whether as owner, tenant, occupant
or otherwise, shall allow junked vehicles to remain on such property
for more than one day. The Board is authorized to issue permits to
store junked vehicles upon a parcel of such property when certain
requirements have been met. These requirements shall be established
by administrative rule or zoning ordinance adopted by the Board. Such
administrative rules shall govern the enclosure of junked vehicles
for the purposes of storing junked vehicles from the general view
of the passing public.
D.
Enforcement procedure.
(1)
Removal and impoundment. After notice to the owner, any vehicle in violation of this section may be impounded until lawfully claimed or disposed of under Subsection D(2) below, except that if the Board or its designee determines that the costs of towing and storage charges of impoundment would exceed the value of the vehicle, the vehicle may be junked by the Village prior to expiration of the impoundment period upon determination by the Board or its designee that the vehicle is not wanted for evidence or any other reason.
(2)
Disposal.
(a)
Vehicles or parts thereof exceeding $100 in value.
[1]
If the Board or its designee determines that the value of any
abandoned vehicle exceeds $100, the owner and lienholders of record
shall be notified by certified mail that the vehicle has been deemed
abandoned and impounded by the Village and may be reclaimed within
15 days upon payment of accrued towing, storage and notice charges
and, if not reclaimed, shall be sold.
[2]
If an abandoned vehicle exceeding $100 in value is not reclaimed within the period and under the conditions provided in Subsection D(2)(a)[1] above, it may be sold by sealed bid or at auction. If no satisfactory bid is received, the vehicle may be sold at private sale.
[3]
After deducting the expenses of impoundment and sale, the balance
of the proceeds, if any, shall be paid to the Village treasury.
(b)
Vehicles or parts thereof less than $100 in value. Any abandoned
vehicle which is determined by the Board or its authorized representative
to have the value of less than $100 may be disposed of by direct sale
to a licensed salvage dealer upon determination that the vehicle is
not reported stolen.
(3)
Owner responsible for impoundment and sale costs. The owner of any
abandoned vehicle, except a stolen vehicle, is responsible for the
abandonment and all costs of impounding and disposing of the vehicle,
provided that no costs shall be imposed without notice thereof to
the owner and an opportunity for the owner to be heard. Costs not
recovered by the sale of the vehicle may be recovered in a civil action
by the Village against the owner.
(4)
Notice of sale or disposal. Within five days after the sale or disposal of a vehicle as provided in Subsection D(2), the Board or its designee shall advise the State Department of Transportation, Division of Motor Vehicles, of the sale or disposal on a form supplied by the Division. A copy of the form shall be given to the purchaser of the vehicle and a copy shall be retained on file in the Village.
(5)
Public nuisance. Nothing in this section shall be construed as prohibiting
the abatement of a public nuisance by the Village or its officials
in accordance with the laws of Wisconsin.
The penalty for violation of any provision of this chapter shall
be a forfeiture and penalty assessment if required by § 757.05,
Wis. Stats., a jail assessment if required by § 302.46(1),
Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis.
Stats.
A.
State forfeiture statutes. Any forfeiture for violation of § 289-1 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.
Local regulations. Except as otherwise provided in this chapter, the penalty for a violation of this chapter shall be as provided in § 1-4 of the Code of the Village of Denmark.
C.
Sanctions for violations of local parking ordinances. Sanctions for violations of local parking ordinances as established in § 289-5 of this chapter shall be as follows:
(1)
A citation shall be issued to the owner of the vehicle pursuant to
the Denmark Municipal Bond Schedule. If the citation is not paid within
21 days from issuance, the Village will notify the Wisconsin Department
of Transportation that the citation remains unpaid and request that
the Department suspend and refuse the registration of the vehicle
in accordance with § 345.28(4), Wis. Stats.
(2)
Any person issued a citation may make a deposit of money as set forth
in the citation at the Village offices or with the Municipal Court
Clerk or by mailing said deposit to either place.
A.
Enforcement procedure. This chapter shall be enforced according to
§§ 23.33, 66.0114, 345.11 to 345.61 and 350.17 and
Ch. 799, Wis. Stats.
B.
Deposit.
(1)
Any person arrested for a violation of this chapter may make a deposit
of money as directed by the arresting officer at the Clerk of Court's
office or by mailing the deposit to such place. The arresting officer
or the person receiving the deposit shall notify the arrested person,
orally or in writing, that:
(a)
If the person makes a deposit for a violation of a traffic regulation,
the person need not appear in court at the time fixed in the citation
and the person will be deemed to have tendered a plea of no contest
and submitted to a forfeiture and penalty assessment if required by
§ 757.05, Wis. Stats., a jail assessment if required by
§ 302.46(1), Wis. Stats., plus any applicable fees prescribed
in Ch. 814, Wis. Stats., not to exceed the amount of the deposit that
the court may accept as provided in § 345.37, Wis. Stats.
(b)
If the person fails to make a deposit for a violation of a traffic
regulation or appear in court at the time fixed in the citation, the
court may enter a default judgment finding the person guilty of the
offense or issue a warrant for his arrest.
(2)
The amount of the deposit shall be determined in accordance with
the Wisconsin Revised Uniform State Traffic Deposit Schedule established
by the Wisconsin Judicial Conference and shall include the penalty
assessment established under § 757.05, Wis. Stats., a jail
assessment if required by § 302.46(1), Wis. Stats., and
court costs. If a deposit schedule has not been established, the arresting
officer shall require the alleged offender to deposit the forfeiture
established by the Village Board, which shall include the penalty
assessment. Deposits for nonmoving violations shall not include the
penalty assessment.
(3)
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.
Petition to reopen judgment. Whenever a person has been convicted
in Wisconsin on the basis of a forfeiture of deposit or plea of guilty
or no contest and he was not informed under § 345.27(1)
and (2), Wis. Stats., he may, within 60 days after being notified
of the revocation or suspension of his operating privilege, petition
the court to reopen the judgment and grant him an opportunity to defend
on merits. If the court finds the petitioner was not informed as required
under § 345.27(1) and (2), Wis. Stats., it shall order the
judgment reopened. The court order reopening the judgment automatically
reinstates the revoked or suspended operating privilege.
