[HISTORY: Adopted by the Village Board of Village of Cottage Grove 7-2-1984 as Ch. 9 and Sec. 10.14 of the 1984 Code. Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, the statutory provisions in Chs. 340 to 348, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, exclusive 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. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on the highways, streets and alleys of the state.
State speed limits adopted. The provisions of ss. 346.57, 346.58 and 346.59, Wis. Stats., relating to the maximum and minimum speed of vehicles, are hereby adopted as part of this section as if fully set forth herein, except as specified by Subsection B pursuant to s. 349.11(3)(c), Wis. Stats.
Posted limits. No person shall drive a vehicle in excess of any speed limit established by law and indicated by official signs.
There is hereby established an official map upon which shall be indicated no-parking areas, restricted parking areas, stop signs, arterial intersections, yield signs, special speed limits, one-way streets and alleys, school crossings and any other restrictions and limitations as directed by the Village Board. A violation of the restriction or limitation shown on the Official Traffic Map shall be a violation of this section. A copy of the Official Traffic Map shall be maintained in the office of the Clerk, the Law Enforcement Department and the Municipal Court. The Village Board may from time to time make additions or deletions from the Official Traffic Map, and the Engineer shall keep such Official Traffic Map current.
Village President responsible. The Village President or his or her designee shall procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation giving notice of the provisions of this chapter as required by law. Signs shall be erected in such locations as shown on the Official Traffic Map and in such manner as shall conform to the rules and regulations of the Wisconsin Department of Transportation.
Removal of unofficial signs and signals. The Village President or his or her authorized agent shall have the authority granted by s. 349.09, Wis. Stats., and shall order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this chapter or s. 346.41, Wis. Stats. Any charge imposed on any premises for removal of an illegal sign, signal or device shall be reported to the Village Board at its next regular meeting for review and certification.
Parking in excess of 24 hours prohibited. No person shall park any motor vehicle, trailer, semitrailer or mobile home on any Village street or Village parking lot for 24 or more consecutive hours.
Vehicle abandonment prohibited. No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public street or highway or on public or private property for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. When any such vehicle has been left unattended on any Village street or highway or on any public or private property within the Village without the permission of the property owner for more than 72 hours, the vehicle is deemed abandoned and constitutes a public nuisance. A vehicle shall not be considered an abandoned vehicle when it is out of ordinary public view or when designated as not abandoned by the Chief of Police.
Removal and impoundment of abandoned vehicles. Any vehicle in violation of this Subsection B shall be impounded until lawfully claimed or disposed of under Subsection B(3), except that if the Chief of Police or the Chief's authorized representative determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the Village prior to expiration of the impoundment period upon determination by the Chief of Police or the Chief's designee that the vehicle is not wanted for evidence or any other reason.
Disposal of abandoned vehicles.
Vehicles exceeding $100 in value.
If the Chief of Police or the Chief's authorized representative determines that the value of an abandoned vehicle exceeds $100, the Chief shall notify the owner and lienholders of record by certified mail that the vehicle has been deemed abandoned and impounded by the Village and may be reclaimed within 15 days upon payment of accrued towing, storage and notice charges and if not so reclaimed shall be sold. See also Subsection B(4).
If an abandoned vehicle exceeding $100 in value is not reclaimed within the period and under the conditions provided in Subsection B(3)(a) above, it may be sold at private sale.
After deducting the expenses of impoundment and sale, the balance of the proceeds, if any, shall be paid into the Village treasury.
Vehicles of less than $100 in value. Any abandoned vehicle which is determined by the Chief of Police or the Chief's authorized representative to have a value of less than $100 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
Owner responsible for impoundment and sale costs. The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle, including any forfeiture imposed for violation of this Section B. Costs not recovered by the sale of the vehicle may be recovered in a civil action by the Village against the owner.
Notice of sale or disposition. Within five days after the sale or disposal of a vehicle as provided in Subsection B(3), the Chief or the Chief's designee shall advise the Wisconsin Department of Transportation, Division of Motor Vehicles, of such sale or disposition on a form supplied by the Division. A copy of such form shall be given to the purchaser of the vehicle, and a copy shall be retained on file in the Village.
Leaving key in ignition of unattended vehicle prohibited. No person shall, within the Village, leave any motor vehicle unattended with the ignition key therein, unless such vehicle is in a locked or attended enclosure, private garage, attended parking lot or public garage.
Parking of any motor vehicle, trailer, semi trailer or mobile home on any public street, or highway for the purpose of selling said motor vehicle, trailer, semi trailer or mobile home is prohibited. This prohibition shall not apply to any business establishment or dealership licensed for that purpose.
[Amended 11-15-1999; 11-20-2006 by Ord. No. 11-2006]
No motor vehicle, trailer, semi-trailer or mobile home may be parked within three feet of a driveway or mailbox, in such manner as to block the sidewalk and/or multiuse path or trail.
[Added 2-6-2012 by Ord. No. 01-2012]
State snowmobile laws adopted. Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles of Ch. 350, Wis. Stats., are hereby adopted by reference and made a part of this section as if fully set forth herein. Acts for which the penalty prescribed by Ch. 350, Wis. Stats., is a fine or imprisonment are excluded from this section. Acts required to be performed or prohibited by Ch. 350, Wis. Stats., are required or prohibited by this section.
Applicability of rules of the road to snowmobiles. The operator of a snowmobile upon a roadway shall, in addition to the provisions of Ch. 350, Wis. Stats., be subject to ss. 346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1) and 346.94(1) and (9), Wis. Stats.
[Amended 3-19-2001 by Ord. No. 01-2001]
Permitting operation by improper persons prohibited. No owner or person having charge or control of a snowmobile shall authorize or permit any person to operate such snowmobile who is not permitted under state law to operate such snowmobile or who is under the influence of an intoxicant or dangerous or narcotic drug.
Operation while under the influence prohibited. Section 346.63 of the Wisconsin Statutes shall apply to the operation of a snowmobile any place within the Village.
Written consent of owner required. The consent required under s. 350.10(1)(f), (L) and (m), Wis. Stats., shall be written consent dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each must be obtained.
[Amended 10-17-1994; 9-5-2006 by Ord. No. 10-2006; 2-19-2018 by Ord. No. 01-2018; 3-16-2020 by Ord. No. 03-2020; 10-19-2020 by Ord. No. 03A-2020]
The Director of Public Works may declare a snow emergency. Whenever the Director or the Director's designee determines that an emergency exists because of existing or threatening snow or ice conditions which necessitate prompt removal of accumulations of ice and snow from streets and highways, the Director or the Director's designee may, by appropriate public media, declare a snow emergency during which the following emergency snow parking regulations shall be in force in the Village.
During a declared snow emergency, no person shall park any vehicle at any time on any street within the Village.
Termination of emergency. A snow emergency may be terminated by public announcement in the appropriate public media declaring the termination.
Alternate side parking.
Alternate side parking regulations shall be in effect on all Village streets from December 1 to March 15 of each year. Parking shall be on the even side of the street on even-numbered days and the odd side of the street on odd-numbered days. The numerical date as of 12:01 a.m. shall be in effect until 8:00 a.m.
The following streets/portions of streets of the Village shall be exempt from the terms of this subsection:
Penalties and enforcement. Any person violating a provision of this section shall, upon conviction thereof, be subject to forfeiture of not less than $25 nor more than $100, together with costs of prosecution and penalty assessments, and in default of payment thereof, shall be imprisoned until such forfeiture has been paid, but not to exceed 90 days. Vehicles parked in violation of this section may be ticketed and towed in accordance with § 305-5B of this chapter.
[Added 8-6-2012 by Ord. No. 10-2012]
The provisions of § 23.33, Wis. Stats., relating to all-terrain vehicles and utility terrain vehicles are hereby adopted by reference and made a part of this chapter as if fully set forth.
Acts for which the penalty prescribed by § 23.33, Wis. Stats., is a fine or imprisonment are excluded from this chapter.
Acts required to be performed or prohibited by Wisconsin Statutes are required or prohibited by this chapter.
No person who does not hold a valid driver's license shall operate a motor vehicle in any public or private parking lot held out for use for parking for the general public.
[Amended 8-6-2012 by Ord. No. 10-2012]
Chapter Trans 305 of the Wisconsin Administrative Code is hereby adopted as if fully set forth herein.
Definitions. For purposes of this section "heavy traffic" shall be defined as:
Prohibited routes. Heavy traffic is prohibited from using any Village street not designated as a heavy traffic route. This section shall not act to prohibit heavy traffic from using Village streets for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on such street. Furthermore, this section will not act to prohibit any heavy traffic from using any Village streets over which are routed state trunk highways. When being driven to the site of any construction, repair or maintenance of electric, gas or water service, vehicles owned and operated by a public utility will be exempt from the provisions of this section.
Administration. The Director of Public Works in cooperation with the Law Enforcement Department shall administer this section. Administration shall include:
Posting of signs. Appropriate signs shall be posted giving notice of this section and of the heavy traffic routes established herein.
Maps. Heavy traffic routes shall be shown on the Official Traffic Map.
The Director of Public works may grant temporary permits to allow heavy traffic construction equipment to use Village streets and 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.
Village-owned or -operated equipment is specifically excluded from the provisions of this section.
Liability. Any operator, corporation, owner or agent whose heavy traffic vehicle damages any Village streets or highways in violating this section shall be liable and required to pay the Village the cost of repair or replacement of the damaged street or highway.
Designated heavy traffic routes. The following highways, streets or parts thereof within the limits of the Village are designated heavy traffic routes:
Cottage Grove Road.
Bonnie Road 500 feet north of Donkel Street.
Crawford Drive 400 feet north of Cottage Grove Road.
Southing Grange 200 feet south of Cottage Grove Road.
School Road to North Windsor.
Southing Grange 450 feet north of CTH BB.
State statutes. Any forfeiture for violation of the state statutes adopted by reference in § 305-1 of this chapter shall conform to the forfeiture permitted to be imposed for violation of such statute as set forth in Chs. 340 through 348, Wis. Stats., including any variations or increases for subsequent offenses.
Enforcement procedure. This chapter shall be enforced according to s. 66.12, Wis. Stats., and Ch. 800, Wis. Stats., and ss. 345.20 to 345.53, Wis. Stats.
Editor's Note: Section 66.12 was renumbered and amended as s. 66.0114, except for Subsection (1)(d), which was repealed, by 1999 Act. 150, ss. 278 to 283, eff. 1-1-2001.
Deposit. Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the police station or at the office of the Clerk of court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall comply with ss. 345.26 and 345.27, Wis. Stats., or, if the deposit is mailed, the signed statement required under ss. 345.26 and 345.27 shall be mailed with the deposit. The arresting officer of the person receiving the deposit shall notify the arrested person, orally or in writing, that:
If he or she fails to appear in court at the time fixed in the citation, he or she shall be deemed to have tendered a plea of no contest and submitted to a forfeiture plus costs not to exceed the amount of the deposit; or
If he or she fails to appear in court at the time fixed in the citation, and if the court does not accept the deposit as a forfeiture, he or she will be summoned into court to answer the complaint.
The amount of the deposit shall be determined in accordance with the deposit schedule established by the Wisconsin Judicial Conference. The deposit shall include court costs, suit tax and any applicable penalty assessment. The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by s. 345.26(3)(b), Wis. Stats.
If a deposit amount has not been established for a particular offense, the officer shall required the alleged offender to deposit not less than the minimum forfeiture for the offense plus costs and penalty assessment.
Stipulation of no contest. Any person charged with a violation of this chapter, except § 305-1 adopting ss. 346.62 and 346.63, Wis. Stats., may make a stipulation of no contest pursuant to s. 345.27, Wis. Stats., which must be received at the office of the Law Enforcement Department or Clerk of court within 10 days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make the deposit required under Subsection B, if he or she has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in s. 345.37, Wis. Stats.
No person who is not licensed to operate a motor-driven cycle shall operate such cycle within the Village, whether such cycle is licensed or not.
No parent or guardian shall permit his or her child or ward to violate this section. A second or other successive violations by the child or ward within a period of one year shall be prima facie evidence that the parent or guardian has permitted such violation.
[Added 12-17-2007 by Ord. No. 14-2007]
Use of warning lights required; when actuated; stopping distance from bus.
Notwithstanding the provisions of s. 346.48(2)(b)2, Wis. Stats., adopted by reference in § 305-1 to the contrary and except as provided in Subsection B below, 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.
The operator of a school bus equipped with flashing red warning lights shall actuate such lights at least 100 feet before stopping to load or unload pupils or other authorized passengers and shall not extinguish such lights until loading or unloading is completed and persons who must cross the street or highway are safely across.
The operator of a school bus shall use the flashing red warning lights when loading or unloading passengers in a residential or business district, with the exception of streets or highways with four or more lanes.
The operator of a motor vehicle which approaches from the front or rear of any school bus which has stopped on a street or highway when the bus is displaying flashing red warning lights shall stop the vehicle not less than 20 feet from the bus and shall remain stopped until the bus resumes motion or the operator extinguishes the flashing red warning lights. The operator of a school bus which approaches the front or rear of another school bus that has stopped and is displaying red warning lights shall stop not less than 20 feet from the other bus, display its red warning lights and remain stopped with red warning lights actuated until the other bus resumes motion or the other operator extinguishes the flashing red warning lights.
Pursuant to s. 349.21(2), Wis. Stats., the use of flashing red warning lights by school bus operators is prohibited when pupils or other authorized passengers are loaded or unloaded directly from or onto the school grounds or that portion of a right-of-way between the roadway and the school grounds designated by "school" warning signs as provided in s. 118.08(1), Wis. Stats.
[Added 4-7-2008 by Ord. No. 03-2008]
- NEIGHBORHOOD ELECTRIC VEHICLE (NEV)
- A self-propelled motor vehicle that has successfully completed the Neighborhood Electric Vehicle America test program conducted by the federal Department of Energy and that conforms to the definition 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.
Requirements. Neighborhood electric vehicles shall be four-wheeled and have a speed range of at least 20 miles per hour and not more than 35 miles per hour on a paved surface and have a gross vehicle weight at rest of less than 2,500 pounds. The NEV shall be equipped with the following:
Front and rear turn signals.
Reflex reflectors: one red on each side as far to the rear as practicable, and one red on the rear (three total).
An exterior mirror mounted on the driver's side and either an exterior mirror on the passenger side or an interior rearview mirror.
A windshield that conforms to the requirements of the federal motor vehicle safety standard on glazing materials (49 CFR 571.205).
A vehicle identification number (VIN) that complies with federal law (49 CFR 565).
A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209 and Federal Motor Safety Standard No. 209, for each designated seating position.
Meets the general test conditions under 49 CFR 571.500S6.
Permitted users of neighborhood electric vehicles. To use an NEV on Village streets meeting the criteria set forth in Subsection A(1) above, the individual driver must have a valid Wisconsin driver's license.
Permitted use of neighborhood electric vehicles on Village streets. Any driver meeting the requirements of Subsection B above may operate a licensed NEV on the Village streets having a posted speed limit of 35 miles per hour or less. Headlamps must be on at all times during operation on Village streets.
Operation of neighborhood electric vehicles. Neighborhood electric vehicles shall comply with all state and local traffic laws, including but not limited to Chapter 70 of the Village Code of Ordinances, and owners and operators of NEVs shall be subject to citations and forfeitures for any such violation.
License. Neighborhood electric vehicles shall be licensed as provided by the State of Wisconsin.
Exclusions. "Neighborhood electric vehicle" does not include an electric golf cart.