A.
Unnecessary noise prohibited. It shall be unlawful for any person
to operate a motor vehicle with a loud muffler or in such a manner
which shall make or cause to be made any loud, disturbing, or unnecessary
sounds or noises such as may tend to annoy or disturb another in or
about any public or private area in the Village of Winneconne.
B.
Unnecessary smoke prohibited. It shall be unlawful for any person
to operate a motor vehicle in such a manner which shall make or cause
to be made any smoke, gases, or odors which are disagreeable, foul,
or otherwise offensive which may tend to annoy or disturb another
in or about any public or private area in the Village.
C.
Unnecessary acceleration and display of power prohibited. It shall
be unlawful for any person to operate any vehicle, including motorcycles,
all-terrain vehicles and bicycles, in such a manner as to cause, by
excessive and unnecessary acceleration, the tires of such vehicle
or cycle to spin, squeal, or emit loud noises or to unnecessarily
throw stones or gravel; nor shall such driver cause to be made by
excessive and unnecessary acceleration any loud noise as would disturb
the peace.
D.
Disorderly conduct with a motor vehicle.
(1)
Conduct prohibited. No person shall, within the Village of Winneconne,
by or through the use of any motor vehicle, including, but not limited
to, an automobile, truck, motorcycle, minibike or snowmobile, cause
or provoke disorderly conduct with a motor vehicle, cause a disturbance
or annoy one or more persons, or disturb or endanger the property
or the safety of another's person or property.
(2)
Definition. "Disorderly conduct with a motor vehicle" shall mean
the engaging in violent, abusive, unreasonably loud conduct, or disturbing
or endangering the property or the safety of another's person or property,
or otherwise disorderly conduct, including, but not limited to, unnecessary,
deliberate or intentional spinning of wheels, squealing of tires,
revving of engine, blowing the horn, causing the engine to backfire
or causing the vehicle, while commencing to move or in motion, to
raise one or more wheels off the ground.
E.
Avoidance of traffic control device prohibited. It shall be unlawful
for any person to operate a motor vehicle in such a manner as to leave
the roadway and travel across private property to avoid an official
traffic control device, sign, or signal.
F.
Stopping and parking prohibited. It shall be unlawful for any person
to stop or park a motor vehicle in any manner on any public or private
property or parking lot contrary to a regulatory sign posted thereon
which may permit parking by certain persons and limits, restricts,
or prohibits parking as to other persons without the consent of the
owner or lessee of the property. Any vehicle parked in violation of
this section may be removed or towed by the property owner at the
vehicle owner's expense.
No person shall operate or park any motor vehicle on any pedestrian
way or pedestrian overpass within the Village of Winneconne except
municipal or county maintenance vehicles.
A.
Authority. Pursuant to § 349.215, Wis. Stats., those adult
persons hired by the School District or Police Department to act as
"school crossing guards" shall have the authority to stop vehicular
traffic and to keep it stopped as long as necessary at their respective
school crossings for the purpose of permitting school children to
cross the street.
B.
Unlawful to disobey. It shall be unlawful for any person to refuse
or fail to comply with any lawful order, signal or direction of any
adult "school crossing guard" given for the purpose of permitting
school children to cross the street.
Whenever safety zones or safety islands are marked in accordance
with the Wisconsin Uniform - Traffic Control Device Manual, no operator
of a vehicle shall at any time drive through or over a safety zone
or safety island. Persons causing damage to curbing by driving over
such curbing shall be responsible for the cost of such repairs.
A.
Sound-producing devices; impoundment; seizure and forfeiture.
(1)
In this section, "sound-producing device" does not include a piece
of equipment or machinery that is designed for agricultural purposes
and that is being used in the conduct of agricultural operations.
(2)
A law enforcement officer, at the time of issuing a citation for
a violation of § 346.94(16), Wis. Stats., or a Village ordinance
in strict conformity with § 346.94(16), Wis. Stats., or
any other Village ordinance prohibiting excessive noise, is authorized
to impound any radio, electric sound amplification device or other
sound-producing device used in the commission of the violation if
the person charged with such violation is the owner of the radio,
electric sound amplification device or other sound-producing device
and has two or more prior convictions within a three-year period of
§ 346.94(16), Wis. Stats., or a local ordinance in strict
conformity with § 346.94(16), Wis. Stats., or any other
Village ordinance prohibiting excessive noise. The Village authorizes
the impoundment of a vehicle for not more than five working days to
permit the Village authorities or their authorized agent to remove
the radio, electric sound amplification device or other sound-producing
device if the vehicle is owned by the person charged with the violation
and the sound-producing device may not be easily removed from the
vehicle. Upon removal of the sound-producing device, an impounded
vehicle shall be returned to its rightful owner.
(3)
The Village may recover the cost of impounding the sound-producing
device and, if a vehicle is impounded, the cost of impounding the
vehicle and removing the sound-producing device. Upon disposition
of the forfeiture action for the violation of § 346.94(16), Wis.
Stats., or a local ordinance in strict conformity with § 346.94(16),
Wis. Stats., or any other local ordinance prohibiting excessive noise
and payment of any forfeiture imposed, the sound-producing device
shall be returned to its rightful owner.
(4)
The Village may dispose of any impounded sound-producing device or,
following the procedure for an abandoned vehicle under § 342.40,
Wis. Stats., any impounded vehicle which has remained unclaimed for
a period of 90 days after disposition of the forfeiture action.
(5)
This subsection does not apply to a radio, electric sound amplification
device or other sound-producing device on a motorcycle.
(6)
Notwithstanding Subsection A(1) through (5) above, the Village authorizes a law enforcement officer, at the time of issuing a citation for a violation of § 346.94(16), Wis. Stats., or a local ordinance in strict conformity with § 346.94(16), Wis. Stats., or any other local ordinance prohibiting excessive noise, to seize any radio, electric sound amplification device or other sound-producing device used in the commission of the violation if the person charged with such violation is the owner of the radio, electric sound amplification device or other sound-producing device and has three or more prior convictions within a three-year period of § 346.94(16), Wis. Stats., or a local ordinance in strict conformity with § 346.94(16), Wis. Stats., or any other local ordinance prohibiting excessive noise.[1]
[1]
Editor's Note: Original Sec. 10-1-24(a)(7) of the 2012 compilation of ordinances, regarding duplicative impoundment provisions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 510-23A(2).
(7)
Any seized sound-producing device under Subsection A(6) shall be treated in substantially the manner provided in §§ 973.075(3), 973.076 and 973.077, Wis. Stats., for property realized through the commission of any crime, except that the sound-producing device shall remain in the custody of the applicable law enforcement agency; a district attorney or Village Attorney, whichever is applicable, shall institute the forfeiture proceedings; and, if the sound-producing device is sold by the law enforcement agency, all proceeds of the sale shall be retained by the Village.
(8)
The Village may, following the procedure for an abandoned vehicle
under § 342.40, Wis. Stats., dispose of any impounded vehicle
which has remained unclaimed for a period of 90 days after disposition
of the forfeiture action.
(9)
This subsection does not apply to a radio, electric sound amplification
device or other sound-producing device on a motorcycle.
B.
Vehicle owner's liability for radios or other electric sound amplification
devices.
(1)
Liability for violations.
(a)
The owner of a vehicle involved in a violation of § 346.94(16),
Wis. Stats., shall be presumed liable for the violation as provided
in this section.
(b)
Notwithstanding Subsection B(1), no owner of a vehicle involved in a violation of § 346.94(16), Wis. Stats., may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under § 346.94(16), Wis. Stats.
(2)
Any member of the public who observes a violation of § 346.94(16),
Wis. Stats., may prepare a written report indicating that a violation
has occurred. If possible, the report shall contain the following
information:
(3)
Report of violation; service of notice.
(a)
Report of violation.
[1]
Within 24 hours after observing the violation, a member of the public may deliver a report containing all of the information in Subsection B(2) to a traffic officer of the county or municipality in which the violation occurred. A report which does not contain all of the information in Subsection B(2) shall nevertheless be delivered and shall be maintained by the county or municipality for statistical purposes.
[2]
Within 48 hours after receiving a report containing all of the information in Subsection B(2), the traffic officer shall investigate the violation and may prepare a uniform traffic citation under § 345.11 and, within seventy-two-hour after receiving such report, any traffic officer employed by the authority issuing the citation may personally serve it upon the owner of the vehicle.
(b)
If with reasonable diligence the owner cannot be served under Subsection B(3)(a), service may be made by leaving a copy of the citation at the owner's usual place of abode within this state in the presence of a competent member of the family who is at least 14 years of age and who shall be informed of the contents thereof. Service under this paragraph may be made by any traffic officer employed by the authority issuing the citation and shall be performed within 72 hours after a report containing all of the information in Subsection B(2) was delivered to a traffic officer under Subsection B(3)(a)[1].
(c)
If with reasonable diligence the owner cannot be served under Subsection B(3)(a) or (b) or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner's last-known address. Service under this subsection shall be performed by posting the certified mail within 72 hours after a report containing all of the information in Subsection B(2) was delivered to a traffic officer under Subsection B(3)(a)[1]. Except for owners who live outside of the jurisdiction of the issuing authority, service under this subsection may not be performed unless service under Subsection B(3)(a) and (b) has been attempted.
(4)
Defenses to the imposition of liability under this section include:
(a)
That a report that the vehicle was stolen was given to a traffic
officer before the violation occurred or within a reasonable time
after the violation occurred.
(b)
If the owner of the vehicle provides a traffic officer employed
by the authority issuing the citation with the name and address of
the person operating the vehicle or having the vehicle under his or
her control at the time of the violation and sufficient information
for the officer to determine that probable cause does not exist to
believe that the owner of the vehicle was operating the vehicle or
having the vehicle under his or her control at the time of the violation,
then the owner of the vehicle shall not be liable under this section
or under § 346.94(16), Wis. Stats.
(c)
If the vehicle is owned by a lessor of vehicles and at the time
of the violation the vehicle was in the possession of a lessee, and
the lessor provides a traffic officer employed by the authority issuing
the citation with the information required under § 343.46(3),
Wis. Stats., then the lessee and not the lessor shall be liable under
this section, or under § 346.94(16), Wis. Stats.
(d)
If the vehicle is owned by a dealer, as defined in § 340.01(11)
(intro.), Wis. Stats., but including the persons specified in §
340.01(11)(a) to (d), Wis. Stats., and at the time of the violation
the vehicle was being operated by or was under the control of any
person on a trial run, and if the dealer provides a traffic officer
employed by the authority issuing the citation with the name, address
and operator's license number of the person operating the vehicle
or having the vehicle under his or her control on a trial run, then
that person, and not the dealer, shall be liable under this section
or under the applicable provision of § 346.94(16), Wis. Stats.
(e)
Notwithstanding § 346.94(16)(b)6., Wis. Stats., this section
does not apply to the operation of a motorcycle.
C.
Authority to regulate radios or other electric sound amplification
devices.
(1)
Notwithstanding § 346.94(16), Wis. Stats., the Village provides
that, except as provided in § 347.38(1), Wis. Stats., no
person may operate or park, stop or leave standing a motor vehicle
while using a radio or other electric sound amplification device emitting
sound from the vehicle that is clearly audible under normal conditions
from a distance of 50 or more feet, unless the electric sound amplification
device is being used to request assistance or warn against an unsafe
condition. Any person violating this subsection may be required to
forfeit a fee as determined by Village Board.
(2)
Subsection C(1) may not apply to any of the following:
(a)
The operator of an authorized emergency vehicle, when responding
to an emergency call or when in the pursuit of an actual or suspected
violator of the law or when responding to but not upon returning from
a fire alarm.
(b)
The operator of a vehicle of a public utility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
The operator of a vehicle that is being used for advertising
purposes.
(d)
The operator of a vehicle that is being used in a community
event or celebration, procession or assemblage.
(e)
The activation of a theft alarm signal device.
(f)
The operator of a motorcycle being operated outside of a business
or residence district.
Except in emergency situations, it shall be unlawful for the
driver of any vehicle to use or operate or cause to be used or operated
within the Village of Winneconne any engine brake, compression brake
or mechanical exhaust device designed to aid in the braking or deceleration
of any vehicle that results in excessive, loud, unusual, or explosive
noise from such vehicle.
Pursuant to the provisions
of § 118.105, Wis. Stats., the following regulations shall apply
to the grounds of the Winneconne School District located within the
Village.
A.
Parking. All parking on any grounds of the Winneconne School District
from 7:00 a.m. to 4:30 p.m. shall be restricted to areas designated
for parking by the School Board. When signs are erected by the School
Board giving notice of such restrictions, all persons shall park only
in areas designated and signed for visitor parking. There shall be
no parking on said ground between 11:00 p.m. and 6:00 a.m., except
when school functions extend past 11:00 p.m.; on such nights there
shall be no parking one hour after the function has concluded.
B.
Speed limits. No person shall at any time operate a motor vehicle
upon any Winneconne School District grounds at a speed in excess of
15 miles per hour.
C.
Vehicles prohibited at specified times. No person shall at any time
operate a motor vehicle, other than a school bus and emergency vehicle,
in or upon any drive designated "for buses only" by sign during the
hours of 7:30 a.m. to 9:00 a.m. and during the hours of 3:00 p.m.
to 4:30 p.m. on any weekday during the months school is in session.[1]
A.
Definitions and requirements.
(1)
A low-speed vehicle (LSV) means a self-propelled electric motor vehicle
that has successfully completed the Neighborhood Electric Vehicle
America Test Program conducted by the Federal Department of Energy
or a gas-powered low-speed motor vehicle that conforms to the definitions
and requirements for low-speed vehicles as adopted in the Federal
Motor Vehicle Safety Standards for "low-speed vehicles" under 49 CFR
571.3(b) and 571.500.
(2)
An LSV shall have four wheels and have a speed range of at least
20 miles per hour and not more than 35 miles per hour on a paved,
level surface and a gross vehicle weight at rest of less than 3,000
pounds. Any LSV shall be equipped with the following:
(a)
Headlamps.
(b)
Front and rear turn signals.
(c)
Stop lamps.
(d)
Reflex reflectors: one red on each side as far to the rear as
practicable, and one red on the rear (three total).
(e)
An exterior mirror mounted on the driver's side and either an
exterior mirror on the passenger side or an interior rearview mirror.
(f)
Parking brakes.
(g)
A windshield that conforms to the requirements of the Federal
Motor Vehicle Safety Standards on glazing materials (49 CFR 571.205).
(h)
A vehicle identification number (VIN) that complies with federal
law (49 CFR 565).
(i)
A Type 1 or Type 2 seat belt assembly conforming to 49 CFR 571.209
and Federal Motor Safety Standard No. 209, for each designated seating
position.
(j)
Meets the general test conditions under 49 CFR 571.50056.
(3)
Parking violations. The standardized Village parking ticket shall
be used for enforcement of violations of rules of the road relating
to parking of any LSV.
B.
Permitted users of low-speed vehicles. Any person who operates an
LSV on any Village street must hold a valid State of Wisconsin driver's
license.
C.
Permitted use of low-speed vehicles on Village streets. Any operator meeting the requirements of Subsection B above may operate a licensed LSV on Village streets having a posted speed limit of 35 miles per hour or less, except no LSV may be operated on ST HWY 116/Main Street. An LSV may cross Main Street from one side to the other from a legal area to reach a street which is legal to operate upon. Headlamps must be on at all times during operation of any LSV on Village streets.
D.
Operation of low-speed vehicles. Any LSV shall comply with all state
and local traffic laws, including, but not limited to, this chapter
of the Code of Ordinances, and owners and operators of LSVs shall
be subject to citations and forfeitures for any such violation. Electrical
cords, connections, or other charging devices shall not cross any
public land, such as a sidewalk, terrace, street, or any other similar
public land.
E.
Title and registration. All low-speed vehicles shall be titled and
registered by the Wisconsin Department of Transportation.
F.
Proof of insurance. Any operator of an LSV must have a motor vehicle
liability policy in effect that covers the LSV and meets minimum coverage
requirements. The LSV operator must display proof of insurance coverage
upon demand from any traffic officer.
G.
Enforcement. Any person who violates any provision of this section shall be subject to forfeiture as provided in this chapter. Any person who violates a provision of this section that does not incorporate another state or local traffic law shall be subject to a forfeiture as provided in Subsection A.
H.
Severability. If any portion of this ordinance, or its application
to any person or circumstances, is held invalid, the validity of this
section as a whole, or any other provision herein and its application
to other persons or circumstances, shall not be affected.