Chapter 82

Except as otherwise specifically provided in this Code, the statutory provisions of W.S.A., §§ 110.075, 66.95, and chs. 340 to 349 of Wis. Adm. Code, describing and defining regulations with respect to vehicles and traffic, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment are hereby adopted and by reference made a part of this chapter as if fully set forth in this chapter. Any act required to be performed or prohibited by any regulation incorporated in this chapter by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutory regulations in W.S.A., §§ 110.075, 66.95, and chs. 340 to 349 of Wis. Adm. Code incorporated in this chapter are intended to be made part of this chapter in order to secure, to the extent legally practicable, uniform statewide regulations of vehicle traffic on the highways, streets and alleys of the state.

(Code 1966, § 4.01)

State Law References: Authority to adopt state motor vehicle code by references, W.S.A., § 349.06(2).

Sec. 82-2. Display of power and noise.

No person shall make unnecessary and annoying noises with a motor vehicle, by squealing tires, excessive acceleration of engine, or by emitting unnecessary and loud muffler noises.

(Code 1966, § 4.13)

Sec. 82-3. School bus warning lights.

Notwithstanding the provisions of W.S.A., § 346.48(2)(b)2., adopted by reference in section 82-1 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.

(Code 1966, § 4.14)

State Law References: Authority to regulate school bus warning lights generally, W.S.A., § 349.21.

Sec. 82-4. Trains obstructing streets and highways.

No person shall leave standing, or stop or permit or allow to stand or stop, any railroad train, engine or car upon any street, alley or highway crossing within the village so as to obstruct public travel for a greater period of time than 15 minutes without opening the street, alley, or crossing for at least three minutes. Any conductor, engineer, fireman or brakeman on any train or locomotive so obstructing any street, alley or railroad crossing, or any yard master, flagman, switchman or section hand who shall allow and be responsible for such obstruction shall be subject to a penalty as provided in section 82-32. 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 $200.00.

(Code 1966, § 4.19)

Sec. 82-5. Crossing warnings by trains.

(a) Sounding whistle or horn. Except in emergencies, or unless public safety requires it, no person shall blow, sound or cause to be blown or sounded any whistle or horn on any locomotive within the corporate limits of the village unless the locomotive is within 1,320 feet (80 rods) of an ungated crossing.

(b) Bell ringing. No railroad train or locomotive shall run over any public travelled grade crossing within the village except where gates are operated or a flagman is stationed, unless the engine bell shall be rung continuously within 330 feet (20 rods) of and until such crossing shall be reached.

(c) Penalty for violation of section. Any person violating this section shall be subject to a penalty as provided in section 82-32(e).

(Code 1966, § 4.20; Ord. No. 526, § 1, 7-6-93)

Secs. 82-6--82-30. Reserved.

ARTICLE II.

ADMINISTRATION AND ENFORCEMENT

DIVISION 1.

GENERALLY

Sec. 82-31. Enforcement of chapter.

This chapter shall be enforced in accordance with the applicable provisions of the state statutes and this section.

(1) Applicable court procedures. Except where otherwise specifically provided by the laws of the state or this chapter, the traffic regulations in this chapter shall be enforced in the municipal court of the village in accordance with the provisions of W.S.A., chs. 345 and 800.

(2) Citations. The kinds of citations and the procedures governing citations are as follows:

a. Uniform citation and complaint. The state uniform traffic citation and complaint described and defined in W.S.A., § 66.119 shall be used for enforcement of all provisions of this chapter except those provisions which describe or define nonmoving traffic violations and violations of W.S.A., §§ 346.71 through 346.73. Violations of W.S.A., §§ 346.71 through 346.73 shall be reported to the district attorney and the state uniform traffic citation shall not be used in such cases except upon the written request of the district attorney.

b. Parking citations. The chief of police shall recommend a citation for use in enforcing the nonmoving traffic offenses 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 state statutes, adopted by reference in section 82-1, and all provisions of sections 82-178, 82-192, 82-193, 82-206 through 82-211, and 34-64 through 34-76. 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 (3)b. of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees of the village police department.

(3) Deposits and stipulations. Deposits and stipulations.

a. Moving traffic offenses. The following deposits and stipulations may be made:

1. Who may make. 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 state statutes.

2. Delivery or mailing of deposit and stipulation. The deposit and stipulation shall be delivered personally by the person cited or mailed to the office of the village police department or the clerk of the municipal court.

3. Receipt required. 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 copy of the receipt within 14 days to the clerk of the municipal court.

b. Nonmoving traffic offenses. The following deposits and stipulations may be made:

1. Direct payment of penalty permitted. Persons cited for violation of nonmoving traffic offenses described and defined in this chapter may discharge the penalty thereof and avoid court prosecution by forwarding within two days of the issuance of the citation to the village police department the minimum penalty specified for the violation. If not so forwarded, the penalty may be discharged by forwarding within 14 days of the date of the citation to the police department the amount of $15.00. When payment is made as provided in subsection (3)b.1 of this section, no court costs shall be charged.

2. Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in subsection (3)b.1 of this section within 14 days of the date of the citation, the chief of police shall forward a copy of the citation to the village attorney for prosecution pursuant to law.

3. Deposits returned to treasurer. Officers receiving deposits for nonmoving traffic violations under this subsection shall pay over such deposits to the village treasurer within 14 days of their receipt. Such payment shall be accompanied by an itemized statement for each deposit of the offense charged and the name of the depositor.

(Code 1966, § 4.37)

Sec. 82-32. Penalties for violation of chapter.

(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 W.S.A., §§ 814.63(1)--(4) or 814.65(1), the penalty assessment for moving traffic violations and the drive improvement surcharge imposed by W.S.A., §§ 165.87 and 346.655, 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 the violation of any provision of this chapter, upon order of the court entering judgment therefor and having jurisdiction of the case, shall be imprisoned until such forfeiture, costs and assessment are paid, but not exceeding a length of 90 days.

(b) Other sanctions. Other sanctions which may be imposed are as follows:

(1) By court. Nothing in this section shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the state statutes to suspend or revoke the operating privileges of the defendant, 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.

(2) By municipality. No person who has been convicted of a violation of any provision of this chapter shall be issued a license or permit by the village clerk except a marriage, hunting, fishing or dog license, until the forfeiture imposed for such violation and any penalty assessment, court costs and fees or surcharge is paid.

(c) Forfeitures for violation of moving traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the state statutes, adopted by reference in section 82-1 shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statutes, 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 W.S.A., chs. 341 to 348 for which an imprisonment penalty or fine may be imposed upon the defendant.

(d) Forfeitures for parking violations. Forfeitures for parking violations are as follows:

(1) Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic violations adopted by reference in section 82-1, as described in W.S.A., chs. 341 to 348, shall be as provided for the comparable state nonmoving traffic violation.

(2) Overtime parking. The forfeiture for violations of the provision of sections 82-206 and 82-207 relating to limited time parking, shall be $10.00. Each hour during which a violation occurs or continues shall be considered a separate offense.

(3) Penalty for other parking violations. The penalty for all other parking violations not included under subsections (a) or (b) of this section shall be a forfeiture of not less than $10.00 nor more than $15.00.

(e) Other violations. Any person who shall violate any provision of this chapter for which a penalty is not otherwise established by this section shall be subject to a forfeiture of not less than $10.00 nor more than $100.00.

(Code 1966, § 4.36)

State Law References: Classification of forfeitures generally, W.S.A., § 939.52.

Sec. 82-33. Duty upon striking person or attended or occupied vehicle.

The operator of any vehicle involved in an accident resulting in injury to or death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident, or as close thereto as possible, but shall then forthwith return to, and in every event shall remain at, the scene of the accident until the operator has fulfilled the following requirements:

(1) The operator shall give his name, address and the registration number of the vehicle he is driving to the person struck or to the operator or occupant of, or person attending, any vehicle collided with;

(2) The operator shall, upon request and if available, exhibit his operator's license to the person struck or to the operator or occupant of, or person attending, any vehicle collided with; and

(3) The operator shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.

(Code 1966, § 4.11(1))

State Law References: Similar provisions, W.S.A., § 346.67.

Sec. 82-34. Duty to report accident.

(a) Immediate notice of accident. The operator of a vehicle involved in an accident resulting in injury to or death of any person, any damage to state or other government-owned property, except a state or other government-owned vehicle, to an apparent extent of $200.00 or more or total damage to property owned by any one person or to a state or other government-owned vehicle to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the village police department, or to a state traffic patrol officer. In this subsection, the word "injury" means injury of a physical nature to a person resulting in death or the need of first aid or attention by a physician or surgeon, whether or not first aid or medical or surgical treatment was actually received. The expression "total damage to property owned by one person" means the sum total cost of putting the property damaged in the condition it was before the accident, if repair thereof is practical, and if not practical, the sum total cost of replacing such property. For purposes of this subsection, if any property which is damaged is held in a form of joint or multiple ownership, the property shall be considered to be owned by one person.

(b) Written report of accident. Unless a report is made under subsection (d) of this section within ten days after an accident of the type described in subsection (a) of this section, the operator of a vehicle involved in the accident shall forward a written report of the accident to the village police department. The village police department may accept or require a report of the accident to be filed by an occupant or the owner in lieu of a report from the operator. Every accident report required to be made in writing shall be made on the appropriate form and shall contain all of the information required therein unless not available.

(c) Person to report when operator unable. Whenever the operator of a vehicle is physically incapable of giving the notice and making the report required by subsections (a) and (b) of this section, the owner of the vehicle involved in the accident shall give the notice and make the report required by subsections (a) and (b) of this section. If the owner of the vehicle is physically or mentally incapable of giving the notice and making the report required by subsections (a) and (b) of this section, and if there was another occupant in the vehicle at the time of the accident capable of giving the notice and making the report, such occupant shall give the notice and make the report.

(d) Police and traffic agencies to report. The village police investigating or receiving a report of a traffic accident, as described in subsection (a) of this section shall forward a report of the accident to the state within ten days after the date of the accident. The reports shall be made on a uniform traffic accident report form prescribed by and supplied by the state. The department, upon request of local enforcement agencies, shall make available to them compilations of data obtained from such reports.

(e) Falsifying reports. No person shall falsely make and file or transmit any accident report or knowingly make a false statement in any accident report which is filed or transmitted pursuant to this section.

(Code 1966, § 4.11(1))

State Law References: Duty upon striking a vehicle or person, W.S.A., § 346.67; duty to report accident, W.S.A., § 346.70.

Sec. 82-35. Accident reports not to be used in trial.

Notwithstanding W.S.A., § 346.70(4)(f), accident reports required to be filed with or transmitted to the department or village shall not be used as evidence in any judicial trial, civil or criminal, arising out of an accident, except that such reports may be used as evidence in any administrative proceeding conducted by the department.

(Code 1966, § 4.11(2))

State Law References: Similar provisions, W.S.A., § 346.73.

Sec. 82-36. Adoption of state administrative code provisions.

(a) Adoption. The following administrative rules and regulations adopted by the secretary of the state 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 in this subsection.

(1) Wis. Adm. Code, MVD 17 Transportation of School Children.

(2) Wis. Adm. Code, MVD 18 Protective Headgear Standards and Specifications.

(3) Wis. Adm. Code, MVD 22 Standards and Specifications--Design and Mounting SMV Emblem.

(4) Wis. Adm. Code, MVD 3 Reciprocity--Nonresident Motor Carriers (Penalties of W.S.A., § 341.04 apply).

(5) Wis. Adm. Code, MVD 4 Lettering on Vehicles, Display of Evidence of Registration and Dual Permit.

(6) Wis. Adm. Code, MVD 5 Standards for Motor Vehicle Equipment.

(7) Wis. Adm. Code, MVD 6 Transportation of Explosives.

(b) Noncompliance. No person shall operate or allow to be operated on any highway, street or alley within the village a vehicle that is not in conformity with the requirements of subsection (a) of this section or the provisions of W.S.A., § 110.075 and ch. 347, incorporated by reference in section 82-1.

(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 as guilty of the violation of the section as if he had operated the vehicle. The provisions of W.S.A., § 347.04, relating to nonapplicability of demerit points, shall apply to owners convicted of violation of this section.

(d) Safety checks. Safety checks are as follows:

(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 provided in this subsection.

(2) Authority of officer. Any law enforcement officer of the village is hereby empowered whenever he 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) Removal of vehicle from highway. Whenever, after inspection as provided by this section, a law enforcement officer determines that a vehicle is unsafe for operation, he 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 W.S.A., § 110.075(5), 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.

(e) Penalty for violation of section. Penalty for violation of any provision of this section, including the provisions of the Wisconsin Administration Code, incorporated by reference in subsection (a) of this section, shall be as provided in subsection (c) of this section, together with the costs of prosecution and applicable penalty assessment.

(Code 1966, § 4.12)

State Law References: Motor vehicle inspections generally, W.S.A., § 110.075.

Secs. 82-37--82-45. Reserved.

DIVISION 2.

TRAFFIC CONTROL DEVICES

Sec. 82-46. Ratification.

All traffic control signs, signals, devices and markings in place on the adoption date of this Code are expressly ratified and confirmed.

Sec. 82-47. Duty of director of public works to erect and install.

Whenever traffic regulations created by this chapter including a state traffic regulation adopted by reference in section 82-1, require the erection of traffic control devices for enforcement, the director of public works shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the state department of transportation, giving notice of such traffic regulation 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 manner as, in the judgement of the director of public works, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the village.

(Code 1966, § 4.02(1))

Cross References: Officers and employees, § 2-76 et seq.

Sec. 82-48. Violations.

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.

(Code 1966, § 4.02(3))

Sec. 82-49. Prohibited signs and markers in highways.

No person, other than an officer or his designee, authorized by this chapter to erect and maintain official traffic control devices, 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 state highway commission. Any sign, signal, marker, mark or monument placed or maintained in violation of this section shall be subject to removal as provided in section 82-50.

(Code 1966, § 4.02(4))

Sec. 82-50. Removal of unofficial signs, markers, signals and devices.

The director of public works may remove any sign, signal, marking or other device which is placed, maintained or displayed in violation of this chapter or state law. Any charge imposed against premises for removal of a prohibited or illegal sign, signal, marking or device shall be reported by the director of public works 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 village taxes.

(Code 1966, § 4.02(5))

Secs. 82-51--82-70. Reserved.

ARTICLE III.

VEHICLE OPERATION

DIVISION 1.

GENERALLY

Sec. 82-71. Operation of motor vehicles in public parking lots and ramps.

(a) Unlicensed operators. 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 section 82-1 and the state statutes and law incorporated in this section by reference shall be applicable on any public parking lot or ramp and on any private parking lot or ramp held out for use of the general public for parking or vehicular travel.

(Code 1966, § 4.18)

Sec. 82-72. Operators to obey traffic control devices.

Every operator of a vehicle approaching an intersection at which an official traffic control device is erected in accordance with this article and article II of this chapter shall obey the direction of such official traffic control devices as required by the state statutes incorporated by reference in section 82-1. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by W.S.A., § 346.46. Operators approaching intersections at which a yield sign has been installed shall yield the right-of-way to other vehicles as required by W.S.A., § 346.18(6).

(Code 1966, § 4.04(5))

State Law References: Authority to designate through streets, W.S.A., § 349.07.

Secs. 82-73--82-85. Reserved.

DIVISION 2.

SPEED LIMITS

Sec. 82-86. Modification of limits.

The village board hereby determines that the statutory speed limits on the following streets or portions thereof are unreasonable and unsafe and modifies such speed limits as follows:

(1) Speed limits increased. Speed limits are increased as follows upon the following designated streets or portions thereof:

a. Residential zones. Speed limits are increased in the following:

(30 miles per hour)

1. On North Rochester Street from the intersection of CTH LO and Pearl Streets northerly to the intersection of CTH NN.

2. On Honeywell Road from the intersection of CTH ES southerly to the bridge over Interstate Highway 43.

3. On Bay View Road from the intersection of STH 83 westerly to the intersection of CTH ES.

(35 miles per hour)

4. On CTH ES (Fox Street) from the intersection of Cedar Street northeasterly to Eastern Trail, a distance of one mile.

5. On CTH LO (Eagle Lake Avenue) from a point 0.27 of a mile west of its intersection with STH 83 (North Rochester Street) westerly to the west village limits.

6. On CTH ES from a point 200 feet south of its intersection with Honeywell Road northerly to a point 0.14 of a mile south of its intersection with Front Street.

7. On CTH NN from the intersection of STH 83 easterly to the intersection of CTH ES, subject to the restrictions relating to school zones.

b. Outlying districts. Speed limits are increased in the following:

(40 miles per hour)

1. For all vehicles on STH 83 from a point 0.34 of a mile northwest of the westbound Interstate Highway 43 ramp terminal, southerly to a point 0.11 of a mile south of its intersection with East Wolf Run and Wolf Run (end of the divided highway section).

2. For all vehicles on STH 83 from a point 0.50 of a mile north of its intersection with CTH NN, southerly to the same intersection.