[HISTORY: Adopted by the Village Board of
the Village of Black Earth 5-1-1990 by Ord. No. 90-O-7 as Ch. 8, Subch. 1
of the 1990 Code. Amendments noted where applicable.]
A.
Statutes adopted. Except as otherwise specifically
provided in this Code, the statutory provisions in Chs. 340 to 348,
Wis. Stats., except § 346.30, describing and defining regulations
with respect to vehicles and traffic, for which the penalty is a forfeiture
only, including penalties to be imposed and procedures for prosecution,
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 regulation incorporated herein by reference is required or
prohibited by this chapter. Any future amendments, revisions or modifications
of the statutory regulations in Chs. 340 to 348, Wis. Stats., incorporated
herein are intended to be made part of this chapter in order to secure
to the extent legally practicable uniform statewide regulation of
vehicle traffic on the highways, streets and alleys of the State of
Wisconsin. Any person who shall within the Village violate any provisions
of any statute incorporated herein by reference shall be deemed guilty
of an offense under this section.
B.
Other state laws adopted. There are also hereby adopted
by reference the following sections of the Wisconsin Statutes, but
the prosecution of such offenses under this Code shall be as provided
in Chs. 340 through 348, Wis. Stats., and the penalty for violation
thereof shall be limited to a forfeiture as hereinafter provided in
this chapter:
[Amended 12-5-2006 by Ord. No. 06-O-11]
|
110.063
|
Inspection of motor buses
| |
|
110.064
|
Motor buses used for pupil transportation
| |
|
110.075
|
Motor vehicle inspection
| |
|
194
|
Motor vehicle transportation
| |
|
346.935
|
Intoxicants in motor vehicles
| |
|
276[1]
|
Size and weight of vehicles and vehicle combinations
| |
|
941.01
|
Negligent operation of vehicle off highway
|
[1]
Editor's Note: See Chapter 348, Vehicles — Size,
Weight and Load.
C.
Statutes specifically incorporated by reference. Whenever
this chapter incorporates by reference specific sections of the Wisconsin
Statutes, such references shall mean the Wisconsin Statutes as from
time to time amended, repealed or modified by the Wisconsin Legislature.
D.
General references. General references in this chapter
to Wisconsin statutory sections or chapters describing or defining
procedures or authority for enactment or enforcement of local traffic
regulations shall be deemed to refer to the most recent enactments
of the Wisconsin Legislature describing or defining such procedures
or authorities.
A.
Administrative regulations adopted. The following
administrative rules and regulations adopted by the Secretary of the
Wisconsin Department of Transportation and published in the Wisconsin
Administrative Code, exclusive of any provisions therein relating
to the penalties to be imposed, are hereby adopted by reference and
made part of this chapter as if fully set forth herein:
[Amended 12-5-2006 by Ord. No. 06-O-11]
|
Chapter MVD 3[1]
|
Reciprocity - nonresident motor carriers (penalties
of § 341.04, Wis. Stats., apply)
| |
|
Chapter TRANS 150
|
Leasing of vehicles by private carriers
| |
|
Chapter TRANS 175
|
Rental companies
| |
|
Chapter TRANS 177
|
Motor carriers
| |
|
Chapter TRANS 254
|
Single trip permits for oversized or overweight
vehicles or loads
| |
|
Chapter TRANS 255
|
Multiple trip permits for oversized or overweight
vehicles or loads
| |
|
Chapter TRANS 300
|
Transportation of school children
| |
|
Chapter TRANS 301
|
Human service vehicles
| |
|
Chapter TRANS 302[2]
|
Vehicle marking
| |
|
Chapter TRANS 303
|
Equipment standards for special vehicles
| |
|
Chapter TRANS 304
|
Slow moving vehicle emblem
| |
|
Chapter TRANS 305
|
Standards for motor vehicle equipment
| |
|
Chapter TRANS 308
|
Requirements for trailer and semitrailer brakes,
hitch, coupling, safety chains, cables, and leveling bars
| |
|
Chapter TRANS 326
|
Motor carrier safety requirements for transportation
of hazardous materials
| |
|
Chapter TRANS 325
|
Motor carrier safety regulations
| |
|
Chapter TRANS 327
|
Motor carrier safety
|
C.
Owner's liability. Any owner of a vehicle not equipped
as required by this section who knowingly causes or permits such vehicle
to be operated on a highway in violation of this section is guilty
of the violation the same as if the person had operated the vehicle.
The provisions of § 347.04, Wis. Stats., relating to nonapplicability
of demerit points, shall apply to owners convicted of violation of
this section.
D.
Safety checks.
(1)
Operators to submit to inspection. When directed to
do so by any law enforcement officer, the operator of any motor vehicle
shall stop and submit such vehicle to an inspection and such tests
as are necessary to determine whether the vehicle meets the requirements
of this section or that the vehicle's equipment is in proper adjustment
or repair. No person, when operating a motor vehicle, shall fail to
stop and submit such vehicle to inspection when directed to do so
by any law enforcement officer as herein provided.
(2)
Authority of officer. Any law enforcement officer
of the Village is hereby empowered, whenever he or she shall have
reason to believe that any provision of this section is being violated,
to order the operator of the vehicle to stop and to submit such vehicle
to an inspection with respect to brakes, lights, turn signals, steering,
horns and warning devices, glass, mirrors, exhaust systems, windshield
wipers, tires and other items of equipment.
(3)
Vehicle to be removed from highway. Whenever, after
inspection as provided by this section, a law enforcement officer
determines that a vehicle is unsafe for operation, he or she may order
it removed from the highway and not operated, except for purposes
of removal and repair, until the vehicle has been repaired as directed
in a repair order. Repair orders may be in the form prescribed by
the Secretary of the Department of Transportation under § 110.075(5),
Wis. Stats., and shall require the vehicle owner or operator to cause
the repairs to be made and return evidence of compliance with the
repair order to the department of the issuing officer within the time
specified in the order.
A.
Duty of Director of Public Works to erect and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including State of Wisconsin traffic regulations adopted by reference in § 255-1, require the erection of traffic control devices for enforcement, the Director of Public Works, with the authorization of the Village Board and cooperation of the Dane County Sheriff's Department, shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of Transportation, giving notice of such traffic regulations to the users of the streets and highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such a manner as in the judgment of the Director of Public Works or a designee will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the Village.
B.
Code numbers to be affixed to official traffic control devices. The Director of Public Works or a designee shall cause to be placed on each official traffic control sign, guide board, mile post, signal or marker erected under Subsection A a code number assigned by the Wisconsin Department of Transportation and shall also place or direct the placing of code numbers on all existing official traffic control devices as required by the laws of the State of Wisconsin.
C.
Prohibited signs and markers in highways. No person, other than an officer authorized by this chapter to erect and maintain official traffic control devices or his or her designee, shall place within the limits of any street or highway maintained by the Village any sign, signal, marker, mark or monument unless permission is first obtained from the Director of Public Works or, where applicable, the State Highway Commission. Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal as provided in Subsection D.
D.
Removal of unofficial signs, markers, signals and traffic control devices. The Director of Public Works or his/her designee or the Dane County Sheriff shall have the authority, on behalf of the Village, pursuant to § 349.09, Wis. Stats., after notifying the occupant of the premises or the person causing or maintaining the nuisance, to remove any sign, signal, marking or other device which is placed, maintained or displayed in violation of this chapter, including but not limited to § 346.41, Wis. Stats., adopted by reference in § 255-1, or state law. A charge may be imposed for removal of a prohibited or illegal sign, signal, marking or device and shall be reported by the Director of Public Works or his/her designee or the Dane County Sheriff to the Village Board for review and certification at its next regular meeting following the imposition of the charge. Any charge not paid on or before the next succeeding November 15 shall be placed upon the tax roll for collection as other special municipal taxes.
When any vehicle is found upon a street or highway in violation of any provision of this chapter regulating the stopping, standing or parking of vehicles and the identity of the operator cannot be determined, the owner as shown by the ownership registration of the vehicle supplied by the Wisconsin Department of Transportation, or a comparable authority of any other state, shall be deemed to have committed the violation for purposes of enforcement of this chapter and specifically § 255-1 and shall be subject to the applicable forfeiture penalty, provided that the defenses defined and described in § 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation.
The operator of every vehicle involved in an
accident shall, within five days after such accident, file with the
Dane County Sheriff's Department a copy of the report required by
§ 346.70, Wis. Stats., if any. If the operator is unable
to make such report, any occupant of the vehicle at the time of the
accident capable of making such report shall have the duty to comply
with this section. Such report shall be subject to the provisions
and limitations of §§ 346.70(4)(f) and 346.73, Wis.
Stats., specifically that accident reports filed under this section
shall be for the confidential use of the Department and shall not
be open to public inspection except as permitted by § 346.73,
Wis. Stats.
Notwithstanding the provisions of § 346.48(2)(b)2, Wis. Stats., adopted by reference in § 255-1 to the contrary, school bus operators shall use flashing red warning lights in residential and business districts when pupils or other authorized passengers are to be loaded or unloaded at locations at which there are no crosswalk or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded.
Pursuant to §§ 346.03(3), 346.94(14),
346.95(3) and 347.25(1), (1m)(a) and (b) and (4), Wis. Stats., marked
police vehicles of the Village as defined in § 340.01(3)(a),
Wis. Stats., shall be equipped with a blue light and a red light which
flash, oscillate or rotate. The lights on police vehicles so equipped
shall be illuminated when the operator of the police vehicle is exercising
the privileges granted under § 346.03, Wis. Stats. The Village
shall give notice of its intent to equip its police vehicles with
flashing, oscillating or rotating blue lights as a Class 2 notice
under Ch. 985, Wis. Stats., at least 90 days before so equipping the
first police vehicle.
A.
Official Traffic Map established. There is hereby
established an Official Traffic Map for the Village upon which shall
be indicated no parking areas, restricted parking areas, stop signs,
arterial intersections, yield signs, special speed limits, one-way
highways, school crossings and all other restrictions or limitations
adopted by order or resolution of the Village Board under the authority
of Ch. 349, Wis. Stats., and from time to time amended or modified
by the Village Board when the laws of the State of Wisconsin require
the erection or use of official traffic control devices to enforce
such restrictions or limitations.
B.
Violations prohibited. When official traffic control
devices giving notice of the restrictions, prohibitions and limitations
shown on the Official Traffic Map are erected and maintained in accordance
with the provisions of this section, a violation of the restriction,
prohibition or limitation shown on the Official Traffic Map shall
be a violation of the provisions of this chapter.
C.
Map to be maintained. A copy of the Official Traffic
Map shall be maintained and displayed in the office of the Dane County
Sheriff's Department and Municipal Court.
D.
Additions to map. The Village Board may from time
to time, in accordance with Ch. 349, Wis. Stats., make additions to
or deletions from the Official Traffic Map, and the Dane County Sheriff
shall keep such Official Traffic Map current.
E.
Existing regulations to be shown on map. The following
existing special restrictions and limitations shall be shown on the
Official Traffic Map hereby created:
(2)
Through streets.
(a)
Madison Street, except at the intersection of
Madison and Mills.
(b)
Mills Street, except at the intersection of
Mills Street and US Highway 14.
(c)
Center Street, except at the intersections of
Center and Madison; Center and US Highway 14; Center and Thorson Drive
and Thorson Court; Center and South Hillcrest Road; southbound on
Center at 2134 Center; and northbound on Center at 2123 Center.
[Amended 5-7-2002 by Ord. No. 02-O-03]
(d)
Blue Mounds Street, except at the intersections
of Blue Mounds and Madison and Blue Mounds and Mills Street.
(e)
East Street, except at the intersections of
East and Madison and East and Park.
(f)
All other intersections shall be controlled
by stop signs.
[Added 5-7-2002 by Ord. No. 02-O-03]
(3)
Heavy traffic routes under § 349.17, Wis.
Stats.: County Trunk Highway K.P. and US Highway 14.
(a)
The Director of Public Works, in cooperation with the Dane County Sheriff's Department, shall administer this Subsection E(3) by posting appropriate signs giving notice of the heavy traffic routes established herein or creating yellow signposts to designate heavy traffic routes and preparing maps of the Village showing heavy traffic routes which shall be available upon request by heavy traffic operators and owners.
(b)
Construction equipment and utility vehicles
being driven to or from a construction, repair or service site may
be granted temporary permits to allow heavy construction equipment
to use Village streets or highways not designated as heavy traffic
routes. These permits may be granted only when use of a nondesignated
route is necessary for the equipment to reach a construction site.
No permit may be issued unless the person or corporation owning the
equipment agrees to reimburse and hold the Village harmless for any
damage done to the Village street by the equipment and/or any personal
injury or property damage caused in part or in whole by the street
damage.
(c)
Heavy traffic may use Village streets which
are not designated heavy traffic routes for the purpose of obtaining
orders for supplies or moving or delivering supplies.
(4)
Class "B" highways under § 349.15, Wis. Stats. All highways within the Village, except the highways or parts of highways designated as heavy traffic routes, are hereby designated Class "B" highways subject to the weight limitations imposed on Class "B" highways by § 348.16, Wis. Stats., adopted by reference in § 255-1.
F.
Residential exception. This section shall not prohibit
heavy traffic from using a street in the Village of Black Earth for
the purpose of driving such vehicle to the block of the street at
which the owner or operator of such vehicle permanently resides in
the Village, for purpose of parking such vehicle on such street and
in such block of the residence of such owner or operator, on the following
conditions:
(1)
The parking of such vehicle shall not be for a period
in excess of 72 consecutive hours.
(2)
Such vehicle must contain business cargo. If, upon
request of an authorized officer, the owner or operator of such vehicle
fails to provide sufficient evidence to such officer that such vehicle
does contain business cargo, such vehicle shall be deemed not to contain
business cargo and this exception shall not apply.
(3)
Such vehicle complies with all other Village ordinances
and state laws, including but not limited to ordinances and laws regarding
the parking of such vehicle on streets and highways and ordinances
and laws relating to noise, disturbances and hazardous contents.
A.
General street parking restrictions.
[Amended 7-11-2005 by Ord. No. 05-O-8]
(1)
Auto, truck and nonrecreational vehicle parking. No
person, firm or corporation shall park or leave standing in the same
location any automobile, truck, tractor, trailer, or vehicle of any
description on any public streets, public right-of-way, or public
parking lot in the Village for a period longer than 72 hours at any
time, except that where a more restrictive parking limit has been
established, the more restrictive limit shall apply.
(2)
Recreational vehicle parking. No person, firm or
corporation shall park or leave standing in the same location any
recreational vehicle on any public streets, public right-of-way, or
public parking lot in the Village for a period longer than 48 hours,
except that where a more restrictive parking limit has been established,
the more restrictive limit shall apply. Once a recreational vehicle
has remained on a public street, public right-of-way, or public parking
lot for a continuous period of 48 hours, the recreational vehicle
shall be moved off of the public street, public right-of-way, or public
parking lot for a minimum period of 48 hours. For the purposes of
this subsection, the term “recreational vehicle” shall
mean RV, motor home, pick-up coach, camper trailer, and fifth-wheel.
Upon first offense of this subsection provision, the owner of the
recreational vehicle shall be issued a warning. Citations shall be
issued for second and subsequent offenses.
(3)
Any law enforcement officer who finds a vehicle standing
upon a public street, public right-of-way, or public parking lot in
violation of the provisions of this section is authorized to move
such vehicle or to require the operator in charge thereof to move
the vehicle to a position permitted under this chapter. The law enforcement
officer may cause said vehicle to be removed to a proper impoundment
and storage area within the Village where storage space is available,
and, in such case the owner shall pay the costs of removing said vehicle
and the storage fees on said vehicle before recovering possession
of the vehicle.
B.
Posted limitations.
(1)
The Village Board may designate certain streets or
portions of streets as no parking or no stopping or standing zones
or as zones for parking by physically handicapped persons and may
limit the hours in which the restrictions apply. The Village shall
mark, by appropriate signs, each zone so designated in accordance
with the provisions of § 349.13, Wis. Stats.
(2)
Except when necessary to avoid conflict with other
traffic or in compliance with the directions of a law enforcement
officer or traffic control device, no person shall stop or park a
vehicle in an established no stopping or standing zone when stopping
or standing is prohibited. No vehicle shall be parked in a no parking
zone during hours when parking is prohibited except physicians on
emergency calls or as permitted by state law or elsewhere by this
Code.
(3)
The Dane County Sheriff is hereby granted the authority,
within the reasonable exercise of police power, to prohibit, limit
the time or otherwise restrict the stopping, standing or parking of
vehicles beyond the provisions of Ch. 346, Wis. Stats., and shall
also have the authority to restrict the turning or movement of heavy
traffic and to impose special weight limitations on any highway or
portion thereof which, because of the weakness of the roadbed due
to deterioration or climatic conditions or other special or temporary
conditions, would likely be seriously damaged or destroyed in the
absence of any restrictions on heavy traffic movement or special weight
limitations.
(4)
No prohibition, restriction or limitation on parking
or restriction on movement or turning of heavy traffic and imposition
of special weight limits is effective unless official traffic control
devices have been placed or erected indicating the particular prohibition,
restriction or limitation.
(5)
If a vehicle has remained parked on a public street,
public right-of-way, or public parking lot until the parking limit
for that vehicle’s location has expired, the owner of the vehicle
shall move the vehicle to a new parking spot three car lengths away
from the existing parking spot. Failure to move the vehicle the minimum
distance from the existing parking spot once the parking limit has
expired shall constitute a violation of this section.
[Amended 7-11-2005 by Ord. No. 05-O-8]
C.
Street maintenance. Whenever it is necessary to clear
or repair a Village roadway or any part thereof, the Director of Public
Works and/or Dane County Sheriff's Department shall post such highways
or parts thereof with signs bearing the words "No Parking -- Street
Maintenance Work." Such signs shall be erected at least two hours
prior to the time that street maintenance work is to be commenced.
No person shall park a motor vehicle in violation of such signs.
A.
Parking prohibited at all times. In addition to the restrictions and limitations adopted in § 255-1 of this chapter, except temporarily for the purpose of and while actually engaged in loading or unloading or in receiving or discharging passengers or property and while the vehicle is attended by a licensed operator so that it may be moved promptly in case of an emergency or to avoid obstruction of traffic, no person shall at any time park or leave standing any vehicle:
(1)
In any place or manner so as to obstruct, block or
impede traffic.
(2)
Upon any bridge.
(3)
Upon any street or highway within the Village limits
any vehicle which faces a direction different from the direction of
normal traffic flow for the lane of traffic in which said vehicle
is stopped or standing.
(4)
Upon any terrace or sidewalk in the Village at any
time.
(5)
In a loading lane.
(6)
In any municipal park when said park is closed to
the public.
(7)
On any street, alley, public right-of-way or municipal
parking lot in the Village for the purpose of repairing said vehicle.
A.
Leaving keys in vehicle. No person shall permit any
motor vehicle in his custody to stand or remain unattended on any
street, alley or other public area, except an attended parking area,
unless either the starting lever, throttle, steering apparatus, gear
shift or ignition of the vehicle is locked and the key for such lock
is removed from the vehicle.
B.
Parking vehicles with motor running. No person shall
park or leave standing any motor vehicle with the motor or refrigerator
unit running for more than five minutes within 300 feet of any residence
within the Village between the hours of 10:00 p.m. and 7:00 a.m.
It shall be unlawful for any person, firm or
corporation to permit any construction, compaction, earth grading
or farm machinery which is self-propelled and moves upon the surface
of the earth and which is owned or controlled by him to stand for
any period of time unattended without locking the ignition system
or otherwise rendering said machinery inoperable so as to prevent
any person unauthorized by the owner or individual in control thereof
from starting said machinery.
A.
Generally. No person owning or having control of any truck, trailer, truck power unit, tractor, semitrailer, bus or any other vehicle or combination of vehicles weighing in excess of 10,000 pounds gross weight or having an enclosed area of a height of more than eight feet from the roadway shall park the same upon any street, avenue or public way in the Village within the business district, as defined in § 255-14, except in designated loading/unloading areas.
[Amended 7-6-2004 by Ord. No. 04-O-8]
B.
Parking of vehicles transporting inflammable petroleum
products. No person shall park or stand any loaded or unloaded truck,
semitrailer combination or other vehicle transporting or carrying
inflammable petroleum products and having a carrying or storage capacity
in excess of 1,500 gallons on any alley, street or parking lot in
the Village, except when loading or unloading the same, and in any
event such parking or standing shall not exceed a period of one hour's
time.
[Added 1-10-2000 by Ord. No. 00-O-1;
amended 7-11-2005 by Ord. No. 05-O-8]
A.
No vehicle longer than 20 feet shall park at the following
locations during the following times:
(1)
On both sides of Mills Street commencing at the corner
of South Street and Mills Street and running south on Mills Street
to the corner of Remington Street and Mills Street. This restriction
shall be in effect between the hours of 12:00 a.m. and 5:00 p.m.
(2)
On the west side of Center Street commencing at the
corner of South Street and Center Street and running south on Center
Street to the corner of Remington Street and Center Street. This restriction
shall be in effect between the hours of 12:00 a.m. and 5:00 p.m.
(3)
On both sides of the following streets between Mills
Street and Center Street: South Street, Webb Street, Ray Street, Spring
Street, Park Street, and Remington Street. This restriction shall
be in effect between the hours of 12:00 a.m. and 5:00 p.m.
(4)
Within school areas so designated and provided by
standard traffic control signs for school zones. This restriction
shall be in effect on schools days from 7:30 a.m. to 4:00 p.m.
B.
No vehicle longer than 20 feet shall park for more
than 10 minutes in the area near the United States Post Office so
designated by standard parking control signs. This restriction shall
be in effect between the hours of 7:00 a.m. and 5:00 p.m.
Pursuant to the provisions of § 118.105,
Wis. Stats., the following regulations shall apply to the grounds
of the School District located within the Village upon authorization
by the Board of the Black Earth - Wisconsin Heights School District:
A.
Parking. All parking on any grounds of the School
District from 7:30 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 grounds 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 School District grounds at a speed in excess
of 10 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.
No person other than the owner or operator thereof
shall remove a Village parking ticket from a motor vehicle.
A.
Unlicensed operators prohibited. No person who does
not hold a valid operator's license shall operate a vehicle in any
public parking lot or ramp or in any private parking lot or ramp held
out for the use of parking for the general public.
B.
Traffic regulations applicable. All provisions of § 255-6 of this chapter and of the Wisconsin Statutes and laws incorporated herein by reference shall be applicable on any public parking lot or ramp and on any private parking lot, road or ramp held out for use of the general public for parking or vehicular travel.
A.
Hazard to public safety. Any vehicle parked, stopped
or standing upon a highway in violation of any of the provisions of
this chapter is declared to be a hazard to traffic and public safety.
B.
Removal by operator. Such vehicle shall be removed
by the operator in charge, upon request of any traffic officer, to
a position where parking is permitted or to a private or public parking
or storage premises.
C.
Removal by law enforcement officer. Any traffic officer,
after issuing a citation for illegal parking, stopping or standing
of an unattended vehicle in violation of this chapter, is authorized
to remove such vehicle to a position where parking is permitted.
D.
Removal by private service. The officer may order
a motor carrier holding a permit to perform vehicle towing services,
a licensed motor vehicle salvage dealer or a licensed motor vehicle
dealer which performs vehicle towing services to remove and store
such vehicle in any public storage garage or rental parking grounds
or any facility of the person providing the towing services.
E.
Towing and storage charges. In addition to other penalties
provided in this chapter, the owner or operator of a vehicle so removed
shall pay reasonable costs of moving, towing and storage. If the vehicle
is towed or stored by a private motor carrier, motor vehicle salvage
dealer or licensed motor vehicle dealer, actual charges regularly
paid for such services shall be paid. If the vehicle is stored in
a public storage garage or rental facility, customary charges for
such storage shall be paid. Upon payment, a receipt shall be issued
to the owner of the vehicle for the towing or storage charge.
A.
Storage prohibited. No person owning or having custody of any partially dismantled, nonoperable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public highway, parking lot or ramp longer than 24 hours after notification thereof by the Dane County Sheriff's Department. Notification shall be accomplished by placing in a conspicuous place on the vehicle and by mailing or serving upon the owner or occupant in charge of the premises a written notice setting forth briefly the applicable provisions of this section and the date of the notice. Any vehicle so tagged which is not removed within 24 hours after notice is declared to be a public nuisance and may be removed as provided in § 251-6 of this Code.
B.
Exemptions. This section shall not apply to a motor
vehicle in an appropriate storage place or depository maintained in
a lawful place and manner authorized by the Village.
[Added 6-7-1998 by Ord. No. 98-O-4]
A.
Purpose. Heavy snowstorms may create emergency conditions
which impair transportation and the delivery of medical care, fire,
health or police protection or other vital services of the Village,
thereby requiring winter parking regulations to assist in maintaining
streets open to vehicular traffic and to assure needed services to
residents.
B.
Declaration of emergency. The Village President, Dane
County Sheriff or the Village Clerk-Treasurer shall declare a snow
emergency during the period of a severe snowstorm, or immediately
thereafter, whenever traffic becomes congested by reason of said snowfall
of two inches or greater and the operation of emergency vehicles,
including snow removal equipment and machinery, is impeded.
C.
Duration of emergency. Such emergency shall exist
so long as traffic remains congested and the operation of emergency
vehicles is impeded or likely to be impeded by the falling of snow
and the congestion of traffic upon the streets, alleys or public parking
lots of the Village.
D.
Notice of emergency. The Village President or other
authorized officials listed above may proclaim the state of emergency
through the press, radio or other public means of communication and
may designate and authorize law enforcement officers and snow removal
personnel to inform the citizenry of the existence of the emergency.
E.
Parking prohibited during emergency. No person shall
park any vehicle on a street, alley or public parking lot during the
period of snow emergency, or immediately thereafter, until such street,
alley or public parking lot has been cleared of snow.
F.
Removal of vehicles. The Dane County Sheriff, or any
of his employees under his supervision and direction, may remove any
vehicle which may interfere with the operation of any snow removal
equipment or any emergency vehicle and charge the cost of removing
such vehicle to the owner or the operator thereof. Said Dane County
Sheriff may cause removal to be made either by his own Department
with Village help or may contract for such removal with any serviceman,
person, firm or corporation that has as a part of its business towing
service with proper equipment to move vehicles.
G.
Penalty. Anyone who violates Subsection E of this section shall be subject to a fine of $20 for the first offense, $50 for the second offense and $200 for each offense thereafter. Nonpayment of fines shall subject the offender to suspension of driving privileges. All fines shall have as additional costs added thereto the towing charges involved in removing a vehicle subject to removal under the terms of this section.
A.
Whenever there shall be a snowfall in the Village
of one inch or more in depth all motor vehicles shall be moved off
of all public streets 12 hours following the end of said snowfall
and shall not be again parked on a public street until the snow on
the street has been plowed.
B.
No person shall park, place or leave standing any
automobile, truck or other vehicle on any street or public way after
12 hours from the time such area has been designated and marked with
signs or barriers by the Dane County Sheriff's Department and/or the
Director of Public Works of the Village indicating no parking due
to snow removal.
[Amended 10-1-2002 by Ord. No. 02-O-13]
A.
Except as provided under Subsection B or as provided in § 347.38(1), Wis. Stats., which is incorporated in § 255-1, no person may:
(1)
Operate, park, stop or leave standing a motor vehicle
while using a radio or other electric sound amplification device emitting
sound from the vehicle, which includes but is not limited to a horn
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;
(2)
Operate a motor vehicle so as to cause unreasonable
and excessive noise levels, whether by excessive acceleration or braking
causing the tires to squeal, by excessive horn blowing, by excessive
racing of the motor, by having a modified or inadequately maintained
exhaust or braking system or by any other means; or
(3)
Use motor vehicle brakes which are in any way activated
or operated by the compression of the engine of any motor vehicle.
B.
Subsection A does not apply to any of the following:
(1)
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.
(2)
The operator of a vehicle of a public utility, as
defined in § 11.40 (1)(a), Wis. Stats.
(3)
The operator of a vehicle that is being used for advertising
purposes.
(4)
The operator of a vehicle that is being used in a
community event or celebration, procession or assemblage.
(5)
The activation of a theft alarm signal device.
(6)
The operator of a motorcycle being operated outside
of a business or residence district.
C.
It shall be an affirmative defense to prosecution under Subsection A that compression brakes were applied in an emergency and were necessary to prevent immediate danger to life or property.
D.
Any person violating the provisions of this section
shall be punished by a fine of not less than $50 nor more than $200,
and each instance of violation shall constitute a separate offense.
A.
Obstruction of railroad crossings. No person shall leave standing or stop or permit or allow to stand or stop any railroad train, engine or railroad car upon any street, alley or highway crossing within the Village so as to obstruct public travel for a greater period of time than 10 minutes without opening said street, alley, or crossing for at least 10 minutes. Any conductor, engineer, fireman or brakeman on any train or locomotive so obstructing any street, alley or railroad crossing or any yardmaster, flagman, switchman or section hand who shall allow and be responsible for such obstruction shall be subject to a penalty as provided in § 255-30 of this chapter. The corporation running or operating such train, engine or cars so obstructing any street or railroad crossing shall be subject to a forfeiture of not more than $200.
B.
Crossing warning by trains. No person shall operate
or permit to be operated a locomotive, railway train, engine or railway
car over any graded street or highway crossing within the limits of
the Village unless a whistle or horn shall be blown 80 rods from said
crossing and a bell rung continuously until the crossing shall be
reached. The blowing of a whistle or horn and the ringing of a bell
shall not be necessary where gates are operated automatically or a
flagman is stationed at such traveled grade crossing.
A.
Pedestrian obedience to traffic control devices and
regulations. No person shall fail to obey the instructions of any
uniform traffic control device when traveling as a pedestrian on any
highway within the Village unless otherwise directed by a law enforcement
officer.
B.
Prohibited pedestrian crossings. No pedestrian shall
cross between adjacent intersections, unless such crossing is permitted
by official traffic control devices.
No person shall operate or park any motor vehicle
except a municipal or county maintenance vehicle on any pedestrianway
or sidewalk within the Village.
A.
Purpose and findings. The purpose of this section
is to prevent unauthorized off-road operation of motor vehicles which
the Village Board finds has resulted in serious damage to public and
private lands, including damage or destruction of vegetation, animal
life, and improvement to the lands; the permanent scarring of land
and an increase in both erosion and air pollution; collisions and
near collisions threatening the life and safety of the operators of
such vehicles as well as of other persons; and 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
OPERATION
UNAUTHORIZED
Definitions. For purposes 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 vehicle" 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 an improvement to land or solely for access to construction or
maintenance sites, provided that such operation is by persons having
legitimate business on such land or sites.
By or at the direction of public employees or
utility company employees as part of their employment duties.
By the holder of an easement or right of access
on or over the land on which operation is occurring or the holder's
employees or agents.
Any location which is not a paved or maintained public street
or alley; is not used or maintained by the owner or lessee of land
as a driveway, parking lot or other way for motor vehicles; or is
a private trail for use only by the owner or his permittees for recreational
or other vehicular use. "Off road" shall not include any creek bed,
riverbed or lake; provided, however, that this provision shall not
apply to snowmobiles or other vehicles being operated on the ice covering
such creek bed, 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 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)
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
or parking lots or on any public lands or private lands or parking
lots held open to the public. The operator shall at all times have
the consent of the owner before operation of such craft or vehicle
on private lands.
No person shall drive or back any motor vehicle
over any curbing in the Village. No person shall park any vehicle
or other piece of equipment on any tree bank in the Village, except
in such areas where standup curbing does not exist. No person shall
park any vehicle or other piece of equipment on any sidewalk or on
any portion of the street right-of-way designated as a sidewalk area
in the Village.
[Added 9-7-1993 by Ord. No. 93-O-3; amended 8-4-1998 by Ord. No. 98-O-7]
A.
No person shall ride a skateboard for any purpose
upon any portion of Mills Street, including sidewalks, from Park Street
to South Street.
B.
Except as provided in Subsection A, the operator of a play vehicle, including a skateboard, may ride upon any sidewalk within the Village of Black Earth.
C.
No person shall operate a play vehicle, including
a skateboard, on the tennis courts.
D.
"Play vehicle" within this section means a coaster,
skateboard, roller skates, sled, toboggan, unicycle, or toy vehicle
upon which a person may ride, not including in-line skates.
[Amended 7-11-2005 by Ord. No. 05-O-8]
[Added 10-6-2003 by Ord. No. 03-O-11]
No person shall operate upon any street, highway,
alley, right-of-way or sidewalk, or upon any private property unless
consent has been given by the property owner, any motorized vehicle
for which the Wisconsin Department of Transportation does not require
a license. Such prohibited vehicles shall include but not be limited
to motorized skateboards and motorized scooters. Notwithstanding the
above, motorized wheelchairs operated by handicapped individuals shall
be exempt from this section. The penalty range for violation of this
section shall be $50 to $75 for a first offense and $100 to $150 for
a second offense (within one year).
A.
Forfeiture penalty. The penalty for violation of any
provision of this chapter shall be a forfeiture as hereafter provided,
together with court costs and fees prescribed by § 814.63(1)
and (2) or 814.65(1), Wis. Stats., the penalty assessment for moving
traffic violations, the jail assessment and the driver improvement
surcharge imposed by §§ 757.05 and 346.655, Wis. Stats.,
where applicable. Payment of the judgment and applicable court costs,
fees, assessments and surcharges may be suspended by the sentencing
court for not more than 60 days. Any person 18 years of age or older
who shall fail to pay the amount of the forfeiture, court costs, any
penalty assessment or driver surcharge or other penalty imposed for
violation of any provision of this chapter upon order of the court
entering judgment therefor and having jurisdiction of the case may
be imprisoned until such forfeiture, costs and assessment are paid,
but not exceeding 90 days.
B.
Other sanctions. Nothing herein shall preclude or
affect the power of the sentencing court to exercise additional authorities
granted by the Wisconsin Statutes to suspend or revoke the operating
privileges of the defendant or order the defendant to submit to assessment
and rehabilitation programs or to attend traffic safety school, in
addition to payment of a monetary penalty or in lieu of imprisonment.
C.
Forfeitures for violation of uniform traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 255-1 shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable Wisconsin Statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not be construed to permit prosecution under this chapter for any offense described in Chs. 341 to 348, Wis. Stats., for which an imprisonment penalty or fine may be imposed upon the defendant.
D.
Forfeitures for parking violations.
(1)
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violations of nonmoving traffic regulations adopted by reference in § 255-1 as described in Chs. 341 to 348, Wis. Stats., shall be as follows:
|
Section
|
Offense
|
First Offense
|
Second Offense Within 1 Year
| |
|---|---|---|---|---|
|
346.51(1)
|
Improper parking on/off roadway
|
$40
|
$10 to $100
| |
|
346.52(2)
|
Stopping/standing in prohibited areas
|
$40
|
$10 to $100
| |
|
346.52(2)
|
Stopping/standing on highway by grade school
|
$40
|
$10 to $100
| |
|
346.53
|
Parking/standing where prohibited
|
$40
|
$10 to $100
| |
|
346.54
|
Improper parking/standing of vehicle
|
$40
|
$10 to $100
| |
|
346.55(1)
|
Parking on left side of highway
|
$40
|
$10 to $100
| |
|
346.55(3)
|
Parking on posted private property
|
$40
|
$10 to $100
|
(2)
Penalty for other parking violations. The penalty for all other parking violations not included under Subsection D(1) above, subject to the exceptions listed below, shall be $5 if paid within the first five days after issuance of the violation. Failure to pay the penalty within five days after issuance of the violation causes the penalty to be increased to $20. Unless paid within 15 days after issuance of the citation, court costs will be added to the penalty.
E.
Forfeitures for skateboard violations (§ 255-28). The penalty for violation of this section shall be $20 to $75 for a first offense within one year and $50 to $150 for a second offense within one year.
[Added 6-4-2002 by Ord. No. 02-O-06]
G.
Violations by juveniles.
[Added 1-6-1998 by Ord. No. 98-O-2]
(1)
If the Municipal Court finds that a juvenile violated
an ordinance, the Court may impose any of the dispositions listed
in §§ 938.343 and 938.344, Wis. Stats., in accordance
with the provisions of those statutes.
(2)
If the Municipal Court finds by a preponderance of
the evidence that a juvenile has violated a dispositional order authorized
by § 938.343 or 938.344, Wis. Stats., the Court may impose
any of the sanctions listed in § 938.355(6)(d), Wis. Stats.,
in accordance with the provisions of that statute.
A.
Enforcement procedures. The provisions of this chapter
shall be enforced in accordance with the applicable provisions of
the Wisconsin Statutes and this section.
B.
Citations.
(1)
Uniform citation and complaint. The Wisconsin Uniform
Traffic Citation and Complaint described and defined in the Wisconsin
Statutes shall be used for enforcement of all provisions of this chapter
except those provisions which describe or define nonmoving traffic
violations and violations of §§ 346.71 through 346.73,
Wis. Stats. Violations of §§ 346.71 through 346.73,
Wis. Stats., shall be reported to the District Attorney, and the Wisconsin
Uniform Traffic Citation shall not be used in such cases except upon
written request of the District Attorney.
(2)
Parking citations. The Dane County Sheriff shall recommend a citation for use in enforcing the nonmoving traffic regulations in this chapter. When approved by the Village Board, such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this chapter, including violations of nonmoving traffic regulations defined and described in the Wisconsin Statutes adopted by reference in § 255-1 and all provisions regarding nonmoving traffic violations in this chapter. The citation for nonmoving traffic violations shall contain a notice that the person cited may discharge the forfeiture for violation of a nonmoving traffic regulation and penalty thereof by complying with Subsection C(2) of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees authorized by the Village Board.
C.
Deposits and stipulations.
(1)
Uniform traffic offenses.
(a)
Who may make deposit and stipulation. Persons
arrested or cited for violation of moving traffic offenses created
by this chapter shall be permitted to make deposits and stipulations
of no contest or released by the arresting officer in accordance with
the applicable provisions of the Wisconsin Statutes. 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 Dane County Sheriff's Department.
(b)
Delivery or mailing of deposit and stipulation.
Any person stipulating guilt or no contest under the preceding subsection
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
Dane County Sheriff and approved by the Village Board. Deposits may
be brought or mailed within five days of the issuance of the citation
in lieu of court appearance to the Dane County Sheriff's Department.
(c)
Receipt required. 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. The official or person receiving the deposit shall furnish
and deliver or mail an original receipt for such deposit to the alleged
violator and shall deliver the deposit and stipulation and a copy
of the receipt within seven days to the Municipal Clerk of Court.
(2)
Nonmoving traffic offenses.
(a)
Direct payment penalty permitted. Persons cited
(summons not issued) for violation of nonmoving traffic regulations
described and defined in this chapter may discharge the penalty thereof
and avoid court prosecution by mailing or forwarding within five days
of the issuance of the citation to the Dane County Sheriff's Department
the minimum forfeiture specified for the violation. If not so forwarded,
the penalty may be discharged by forwarding within 15 days of the
date of citation to the above-named office the amount of $20. When
payment is made as provided in this subsection, no court costs shall
be charged.
(b)
Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in Subsection C(2)(a), the Dane County Sheriff shall forward a copy of the citation to the Village Attorney.
(c)
Registration suspension. If the alleged violator does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified on the citation, within 28 days after the citation is issued, the Village may ask the Wisconsin Department of Transportation to suspend the registration of the vehicle involved or refuse registration of any vehicle owned by the person pursuant to the provisions of § 345.28(4), Wis. Stats., and Subsection C(4)(c) below.
(d)
Deposits returned to Clerk-Village Treasurer.
Officers receiving deposits for nonmoving traffic violations under
this subsection shall pay over such deposits to the Village Clerk-Treasurer
within seven days of receipt. Such payment shall be accompanied by
an itemized statement for each deposit of the offense charged and
the name of the depositor.
(e)
Bond. Any officer authorized to accept deposits
under § 345.26, Wis. Stats., or this section shall qualify
by taking the oath prescribed by § 19.01, Wis. Stats.
(3)
Notice of demerit points and receipt. Every officer
accepting a forfeited penalty or money deposit under this section
shall receipt therefor in triplicate as provided in § 345.26(3)(b),
Wis. Stats. Every officer accepting a stipulation under the provisions
of this section 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.
(4)
Registration suspension program.
(a)
The Village shall participate in the Wisconsin
Department of Transportation Traffic Violation and Registration Program
as set forth in § 345.28, Wis. Stats., and Ch. TRANS 128,
Wis. Adm. Code, and all amendments or changes thereto.
(b)
The Dane County Sheriff's Department is hereby
designated as a delegated authority for purposes of §§ 85.13
and 345.28, Wis. Stats., and Ch. TRANS 128, Wis. Adm. Code. The Dane
County Sheriff's Department is authorized to perform, on behalf of
the Village, all functions required of a local authority under such
laws.
(c)
In addition to all applicable fines and court
costs, the cost of using the Wisconsin Department of Transportation
Traffic Violation and Registration Program shall be assessed against
violators as permitted by § 345.28(4)(d), Wis. Stats. The
Dane County Sheriff's Department may refuse to notify the Wisconsin
Department of Transportation of payment on a citation until all applicable
fines and costs, including costs assessed under the preceding sentence,
are paid.
(d)
This Subsection C(4) shall not be interpreted as requiring that all unpaid citations for nonmoving traffic violations be processed through the Wisconsin Department of Transportation Traffic Violation and Registration Program. The Village's participation in such program shall be in addition to any and all other means legally available to enforce such citations.
