Village of Cottage Grove, WI Vehicles and Traffic

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.

[1]

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).

[2]

If an abandoned vehicle exceeding $100 in value is not reclaimed within the period and under the conditions provided in Subsection B(3)(a)[1] above, it may be sold at private sale.

[3]

After deducting the expenses of impoundment and sale, the balance of the proceeds, if any, shall be paid 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.

(4)

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.

(5)

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]

§ 305-6 Snowmobiles.

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.

§ 305-7 Emergency snow removal regulations; parking regulations.

[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.

[Amended 1-19-2022 by Ord. No. 01-2022; 12-5-2022 by Ord. No. 08-2022]

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:

All of Uphoff Drive.

South Main Street from the railroad tracks to Reynolds Street.

(c)

All of Reynolds Street.

(d)

Commerce Parkway, Limestone Pass, Landmark Drive from Commerce Parkway north and Matt Pass from Limestone Pass north.

(e)

All of Clark Street.

(f)

All of Grove Street.

(g)

All of East Taylor Street.

(h)

West Oak Street from Main Street to Westlawn Drive.

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.

§ 305-8 All-terrain vehicles and utility terrain vehicles.

[Added 8-6-2012 by Ord. No. 10-2012[1]]

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.

[1]

Editor's Note: This ordinance also provided for the renumbering of former §§ 305-8 through 305-15 as §§ 305-9 through 305-16, respectively.

§ 305-9 Operation of motor vehicles in parking lots by unlicensed operators prohibited.

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.

§ 305-10 Administrative Code provisions adopted by reference.

[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.

§ 305-11 Heavy traffic routes.

[Added 10-5-1998]

Definitions. For purposes of this section "heavy traffic" shall be defined as:

All vehicles not operating on pneumatic tires.

All vehicles or combination of vehicles, other than motor buses, designed or used for transporting property of any nature and having a gross vehicle weight of more than 8,000 pounds.

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.

Construction equipment.

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:

Main Street.

Cottage Grove Road.

Donkel Street.

Bonnie Road 500 feet north of Donkel Street.

(5)

Corporate Court.

(6)

Crawford Drive 400 feet north of Cottage Grove Road.

(7)

Southing Grange 200 feet south of Cottage Grove Road.

(8)

Clark Street.

(9)

Taylor Street.

(10)

School Road to North Windsor.

(11)

North Windsor.

(12)

Gaston Road.

(13)

Southing Grange 450 feet north of CTH BB.

§ 305-12 Violations and penalties.

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.

Local regulations. The penalty for any local regulation adopted in this chapter other than for a statutory offense adopted herein by reference shall be as provided in Chapter 1, General Provisions, § 1-19 of this Code.

§ 305-13 Enforcement.

Enforcement procedure. This chapter shall be enforced according to s. 66.12, Wis. Stats.,[1] and Ch. 800, Wis. Stats., and ss. 345.20 to 345.53, Wis. Stats.

[1]

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.

(4)

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.

§ 305-14 Operation of motor-driven cycles by unlicensed operators prohibited.

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.

§ 305-15 School bus warning lights.

[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.

(4)

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.

§ 305-16 Neighborhood electric vehicles.

[Added 4-7-2008 by Ord. No. 03-2008]

Definitions; requirements.

NEIGHBORHOOD ELECTRIC VEHICLE (NEV)

Definitions.

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:

Headlamps.