[HISTORY: Adopted by the Village Board of
the Village of Balsam Lake 11-5-1990 as Ch. 7 of the 1990 Code; amended in its entirety 4-3-2006 by Ord. No.
2006-2. Subsequent amendments noted where applicable.]
Except as otherwise specifically provided in
this chapter, the statutory provisions in Chs. 340 to 348, Wis. Stats.,
and Ch. 350, Wis. Stats., with respect to snowmobiles, inclusive of
any provisions therein relating to penalties to be imposed and exclusive
of any regulations for which the statutory penalty is a fine or term
of imprisonment, are adopted and by reference made a part of this
chapter as if fully set forth herein. All adopted statutes shall include
any updates as set forth by the state.
A.
The Village Board by its agent is hereby authorized
and directed to procure, erect and maintain appropriate standard traffic
signs, signals and markings conforming to the rules of the State Traffic
Control Devices Manual 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.
B.
The Village Board shall have the authority granted
by § 349.09, Wis. Stats., 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 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.
A.
Sections 346.57, 346.58 and 346.59, Wis. Stats., relating to the maximum and minimum speed of vehicles, are adopted by reference and made a part of this chapter, except as modified by Subsection B hereof.
B.
The maximum speed on the following streets shall be
as indicated below:
(1)
Main Street (STH 46) from the south Village limits
to Basil Street, 25 miles per hour.
(2)
West Main Street (STH 46) from Basil Street to the
west Village limits, 35 miles per hour.
(3)
Pleasant Avenue and the extension thereof (180th Avenue)
to the east Village limits, 25 miles per hour.
(4)
Tilltag Drive, 15 miles per hour.
(5)
County Trunk I from its intersection with Main Street
(STH 46) 900 feet to the east, 25 miles per hour.
The following streets are designated as arteries
for through traffic:
[Amended 12-1-2008 by Ord. No. 2008-07; 1-5-2009 by Ord. No. 2009-02; 4-7-2014 by Ord. No. 2014-01; 6-2-2014 by Ord. No. 2014-04]
It is unlawful for any person to stop or park
a motor vehicle in any manner on any public or private parking area
contrary to a regulatory sign posted thereon.
A.
State Highway 46.
(1)
No person shall park, stop or leave standing any vehicle, whether
attended or unattended, upon the roadway on the north side of STH
46/West Main Street for a distance of 240 feet to the east of the
intersection with Idlewild Street at any time.
(2)
No person shall park, stop or leave standing any vehicle, whether
attended or unattended, upon the roadway on the south or west side
to STH 46/Main Street from the intersection of Pearl Street and STH
46/Main Street to the intersection of STH 46/Main Street and the northernmost
driveway of the service station presently located on Lots 1 through
9 of Block 23 in the Village at any time.
B.
Parking, stopping or standing of vehicle prohibited.
(1)
Old
Courthouse Avenue. No person shall park, stop or leave standing any
vehicle, whether attended or unattended, at any time upon the roadway
on the south side of Old Courthouse for 120 feet starting at a point
190 feet from the east of Main Street.
(2)
Park
Drive. No person shall park, stop or leave standing any vehicle, whether
attended or unattended, upon the roadway on the west side of Park
Drive starting from the intersection of County Road I north to the
intersection of Park Avenue.
[Added 6-1-2015 by Ord. No. 2015-03[1]]
[1]
Editor’s Note: This ordinance provided an effective
date of June 4, 2015.
C.
Winter parking. No motor vehicle, trailer, motor home/recreational
vehicle or other vehicle shall be parked on any Village street between
3:00 a.m. and 7:30 a.m. from November 1 to April 15 while snow is
falling or the Village Crew is engaged in snow cleanup, or be habitually
parked. The Director of Public Works or Village Police Department
shall have the authority to remove any vehicle parked in violation
of this subsection to a place of storage and may charge the cost of
towing and storage to the owner of such vehicle.
D.
Parking during snow removal. No person shall park any vehicle on
any street or public way from the time such area has been declared
no parking due to snow removal. The Village Board hereby declares
that an emergency exists during and following a snowstorm until the
snow from the storm has been removed from curb to curb, on that street;
therefore, this subsection shall be controlling over any other section
that might in any way conflict.
E.
Truck, trailer and recreational vehicle (RV) parking on streets.
The parking of semitractors, semitrailers, and trailers that are not
attached to a tow vehicle is prohibited on all streets and alleys
in the Village.
(1)
Motor homes and travel trailers attached to a tow vehicle may be
parked on streets for a maximum of eight hours within a twenty-four-hour
period.
(2)
No person shall stop or leave standing any truck upon any street
except when actually engaged in unloading, loading, rendering a service
or in the case of an emergency. Loading or unloading shall not include
picking up or dropping off personal property or performing personal
errands.
F.
Parking across lines denoting parking spaces. No person shall park
or leave standing any motor vehicle and/or trailer across lines denoting
parking spaces on any public parking area.
G.
Abandoned vehicles. No person shall park or leave standing a motor
vehicle longer than 48 hours on any street or in any public parking
area.
H.
Removal of illegally parked vehicles. The Village Police Department
shall have the authority to remove any motor vehicle, truck, trailer,
and/or RV in violation of the above parking restrictions to a place
of storage and may charge the cost of towing and storage to the owner
of such vehicle.
I.
Unlawful removal of citation. No person shall remove or tamper with
a legally placed parking citation upon a vehicle.
J.
Violation and penalties; police authority.
(1)
(2)
The Village police shall have the authority to remove and/or issue
a parking ticket.
K.
Nonmoving violation and registration program. Pursuant to the provisions
of § 345.28(4), Wis. Stats., the Village elects to participate
in the nonmoving traffic violation and registration program of the
Wisconsin Department of Transportation and pay the costs established
by the Department under § 85.13, Wis. Stats.; 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.
A.
This section shall apply to all premises held out
to the public for use of a motor vehicle, whether such premises are
publicly or privately owned and whether or not a fee is charged for
the use thereof.
B.
No person shall use a motor vehicle, motorcycle, moped,
all-terrain vehicle (ATV) or snowmobile in any way that causes an
immediate disturbance or annoys one or more persons or disturbs or
endangers the property or safety of another's person or property,
including but not limited to the following:
(1)
Unnecessary acceleration or display of power that
results in the excessive spinning of tires, the squealing of tires,
leaving tire marks, the throwing of gravel or raising tires off the
ground.
(2)
"Spinning doughnuts," wherein the vehicle is driven
rapidly in a tight radius.
(3)
Exiting out of a parking area from other than designated
driveways or over curbing.
(4)
Speeding in excess of 15 miles per hour in a public
parking area.
(5)
Driving across parking stalls indicated by painted
lines, except that this subsection shall not apply to entering and
occupying a parking stall.
No person shall use motor vehicle brakes within
the Village limits which are in any way activated or operated by the
compression of the engine of a motor vehicle, or any unit or part
thereof, except in an emergency situation.
[Amended 4-13-2015 by Ord. No. 2015-01]
A.
Except as
otherwise specifically provided in this chapter, the statutory provisions
in Ch. 350, Wis. Stats., with respect to the operation of snowmobiles,
inclusive of any provisions therein relating to penalties to be imposed
and exclusive of any regulations for which the statutory penalty is
a fine or term of imprisonment, are adopted and by reference made
a part of this chapter as if fully set forth herein. Pursuant to § 350.18(3)(a),
Wis. Stats., and subject to this section, snowmobiles may travel,
using the shortest available lawful route, between a residence or
lodging establishment and a snowmobile route or snowmobile trail that
is closest to that residence.
B.
The Village
Board designates certain streets as snowmobile routes within the Village
limits as follows:
(1)
From
the east driveway of the Village park to Second Avenue West to Main
Street, Second Avenue East from Main Street to Mill Street, and all
of Mill Street.
(2)
Alley
west of Main Street from Second Avenue West north to West Main Street.
(3)
Fourth
Avenue East from the Mill Street to the East Village limits.
C.
The maximum
speed limit for snowmobiles within the Village is 10 miles per hour.
D.
Operations
authorized:
(1)
Snowmobiles
may travel, using the shortest available lawful route, between a residence
or lodging establishment or other commercial business open to the
public and a snowmobile route or snowmobile trail that is closest
to that residence.
(2)
Snowmobiles
shall be operated on the extreme right side of the roadway and travel
with the flow of traffic.
(3)
Snowmobiles
shall operate in a single file.
(4)
Snowmobile
operators shall yield the right-of-way to other vehicular traffic
and pedestrians.
(5)
Snowmobiles
shall not be operated on State Road 46, County Road I, First Avenue
East, Main Street and West Main Street, other than for the purpose
of crossing the roadway in a direct manner.
[Amended 2-4-2008 by Ord. No. 2008-02]
A.
State statutes adopted. The statutory provisions in
the enumerated § 23.33, Wis. Stats., and the rules promulgated
thereunder, describing and defining regulations with respect to all-terrain
vehicles (ATVs), exclusive of any regulations for which the statutory
penalty is fine or imprisonment, are adopted and by reference made
part of this chapter as if fully set forth herein. Any act required
to be performed or prohibited by any regulation incorporated herein
by reference is required or prohibited by this chapter. Any future
amendments, revisions or modifications of the statutory regulations
under § 23.33, Wis. Stats., and the rules promulgated thereunder,
are intended to be made a part of this chapter in order to secure,
to the extent legally practicable, uniform statewide regulation of
all-terrain vehicles.
B.
ATV/UTV routes designated: All streets and alleys
in the Village of Balsam Lake are open for all-terrain vehicles. ATVs/UTVs
shall not operate on State Road 46 from CTH I to 180th Street, other
than for the purpose of crossing the road way in a direct manner.
[Amended 5-3-2010 by Ord. No. 2010-05; 11-4-2019 by Ord. No. 2019-05; 5-4-2020 by Ord. No. 2020-01]
D.
Age of operation. No person shall operate an ATV on
any streets or alleys in the Village unless that person operating
the ATV is at least 16 years of age and is in possession of a valid
driver's license. A valid identification card is not a substitute
for a driver's license.
E.
Speed limits. No person shall operate an ATV in excess
of 25 miles per hour on any Village street, alley or designated public
grounds.
[Amended 9-5-2017 by Ord.
No. 2017-02]
F.
Method of travel. Any person operating an ATV on any
street or alley shall proceed in a single file, in the direction of
regular traffic flow, on the extreme-right portion of the traveled
roadway. Night operations require adequate headlights and taillights.
G.
Prohibited use of ATVs. There shall be no operation
of ATVs on any public grounds/parks not designated by the Village
Board. There shall be no operation of ATVs on any private property
without the prior permission of the owner.
A.
No person shall operate a bicycle, skateboard, scooter,
rollerblade/in-line skates or other foot-generated play vehicle upon
any sidewalk within the Village. Such vehicles shall be walked or
carried when on a sidewalk.
B.
No person shall operate a skateboard or play vehicle
upon any street or alley.
C.
No person shall operate any bicycle, skateboard or
play vehicle in such a way as to interfere with or obstruct traffic,
in any dangerous manner or as to damage any property.
D.
All bicycles operated during the hours of darkness
shall have the proper lighting equipment and safety reflectors operational.
[Added 3-3-2008 by Ord. No. 2008-03]
A.
Purpose.
(1)
The unauthorized off-road operation of motor
vehicles has resulted in serious damage to public and private lands,
including damage or destruction of vegetation, animal life and improvement
to lands; and
(2)
The unauthorized off-road operation of motor
vehicles has resulted in the permanent scarring of land and an increase
in both erosion and air pollution; and
(3)
The unauthorized off-road operation of motor
vehicles has resulted in collisions and near-collisions threatening
the life and safety of the operators of such vehicles, as well as
other persons; and
(4)
The unauthorized off-road operation of motor
vehicles has resulted in a loss of the privacy, quietude and serenity
to which the owners and users of land are rightfully entitled,
B.
MOTOR VEHICLE
(1)
(2)
(3)
OFF-ROAD
(1)
(2)
(3)
OPERATION
UNAUTHORIZED
Definitions. For the purpose of this section, the
terms below shall be defined as follows:
Any vehicle which is self-propelled and shall include but
not be limited to automobiles, trucks, jeeps, vans, motorcycles, motorbikes,
go-carts, motorized three-wheeled vehicles, all-terrain vehicles,
mopeds, snowmobiles, dune buggies and tractors. Motor vehicles shall
not mean any airplane, railroad train, boat, wheelchair or bicycle.
A vehicle which would otherwise be defined as a motor vehicle under
this section shall not be so defined while:
It is being operated solely for the purpose
of construction or maintenance of or an improvement to land, or solely
for access to construction or maintenance sites, provided such operation
is by persons having legitimate business on such lands or sites;
It is being operated by or at the direction
of public employees or utility company employees as part of their
employment duties;
It is being operated by the holder of an easement
or right-of-access on or over the land on which operation is occurring
or by the holder's employees or agents.
Any location which is:
Not a paved or maintained public street or alley;
or
Not used or maintained by the owner or lessee
of the land as a driveway, parking lot or other way for motor vehicles;
or
A private trail for use only by the owner or
his permittees for recreational or other vehicular use. "Off-road"
shall not include any creekbed, riverbed or lake; provided, however,
that this section shall not apply to snowmobiles or other vehicles
being operated on the ice covering such creekbed, riverbed or lake.
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
Without the express prior consent of the owner, lessee, manager
or other person authorized to give consent by the owner or lessee
of the land. Authorization shall not be implied from a failure to
post private or public land.
C.
Unauthorized off-road operation prohibited.
(1)
The unauthorized off-road operation of a motor
vehicle is prohibited.
(2)
Except for authorized maintenance vehicles and
snowmobiles or all-terrain vehicles operating in areas authorized
by the Village Board, it shall be unlawful to operate any minibike,
go-cart, all-terrain vehicle or any other motor-driven craft or vehicle
principally manufactured for off-highway use on the Village streets,
alleys, parks, sidewalks, bikeways, parking lots or on any public
lands or parking lots held open to the public. The operator shall
at all times have the written consent of the owner before operating
of such craft or vehicle on private lands.
[Added 3-3-2008 by Ord. No. 2008-04]
A.
HIGHWAY
MINIBIKE
MOTORIZED VEHICLE
SELF-PROPELLED VEHICLE
Definitions. For the purpose of this section, the
terms below shall be defined as follows:
All public ways and thoroughfares and bridges on the same.
It includes the entire highway right-of-way width, not limited to
the actual traveled portion, but also includes the shoulders, ditches
and other areas adjacent thereto.
Any motorized vehicle primarily used for transportation or
sport, including, but not limited to, motorcycles, off-road trail
bikes and motorized bicycles.
Any self-propelled device in, upon or by which any person
or property is or may be transported.
Any motorized vehicle primarily used for off-the-road use,
including, but not limited to, go-carts, all-terrain vehicles and
all other vehicles not registered pursuant to Chapter 341 of the Wisconsin
Statutes, but not snowmobiles.
B.
Operation of minibikes and self-propelled vehicles.
No person shall operate a minibike or self-propelled vehicle in the
Village in the following manner:
(1)
At a rate of speed that is unreasonable or imprudent
under the circumstances.
(2)
In any careless way so as to endanger the person
or property of another.
(3)
While under the influence of intoxicating liquor,
fermented malt beverages, narcotics or other controlled substances.
(4)
Without a functioning muffler.
(5)
Upon any public highway, street or alley, or
upon any sidewalk or parkway in the Village, unless such vehicle is
registered as required by Chapter 341 of the Wisconsin Statutes and
its operation and operator are specifically permitted to operate the
said vehicle by the Wisconsin Statutes.
A.
General provisions. The penalty for violation of any
provision of this chapter shall be a forfeiture as hereafter provided,
together with costs under § 345.27, Wis. Stats., and a penalty
assessment, where applicable, as required under § 757.05(1),
Wis. Stats.
