Chapter 1 Traffic and Parking
Chapter 2 Bicycles
Chapter 3 Snowmobiles
Chapter 4 All-Terrain Vehicles and Off-Road Motor Vehicle Operation
Chapter 5 Abandoned and Junked Vehicles
Chapter 6 Public Parking Structures
Chapter 7 Neighborhood Electric Vehicles
Chapter 8 Aeronautics and Astronautics
10.1.1 State
Traffic Laws Adopted
10.1.2 State
Administrative Code Provisions Adopted
10.1.3 Official Traffic
Signs and Control Devices; Prohibited Signs, Signals and Markers
10.1.4 Registration
Record of Vehicle as Evidence
10.1.5 School
Bus Warning Lights
10.1.6 Blue
Warning Lights on Police Vehicles
10.1.7 Accident
Reports
10.1.8 Prohibition of
Motor Vehicles on Certain City-Owned Lands
10.1.9 CELL
PHONE USE WHILE DRIVING
10.1.10 Operators to Obey Traffic Control Devices
10.1.11 Heavy
Traffic Routes
10.1.12 Speed
Limits
10.1.13 Through
Streets Designated
10.1.14 Vehicles
Required to Stop
10.1.15 Yield
Intersections
10.1.16 Left
Turns Prohibited
10.1.17 U-Turns
Prohibited
10.1.18 One-Way
Streets
10.1.19 Passing
on the Right Prohibited
10.1.20 Restrictions on
Parking; Posted Limitations; Snow Emergencies
10.1.21 Parking Restrictions
During Street Maintenance or Temporary Snow Removal
10.1.22 Stopping or Parking
Prohibited in Certain Specified Places
10.1.23 Parking
REGULATIONS FOR Vehicles of Disabled PERSONS
10.1.24 Leaving Keys in
Vehicle Prohibited; Parking Vehicles With Motor Running
10.1.25 Unattended
Motorized Machinery
10.1.26 Parking
Prohibited at All Times
10.1.27 Parking Prohibited
During Certain Times at
10.1.28 Parking
Limited
10.1.29 Parking Limited
During Specified Periods, Except on Certain Days
10.1.30 Parking
Prohibited During Certain Periods
10.1.31 Snow
Emergencies
10.1.32 Angle
Parking
10.1.33 Parking of Vehicles
Over 15,000 Pounds or 16 Feet Restricted
10.1.34 Traffic and Parking
Regulations on
10.1.35 Unlawful
Removal of Parking Citations
10.1.36 Operation of Motor
Vehicles in Public Parking Lots and Ramps
10.1.37 Removal
of Illegally Parked Vehicles
10.1.38 Inoperable,
Wrecked or Discarded Vehicles
10.1.39 Overnight
Parking Restricted
10.1.40 residential
recreational vehicles
10.1.41 ITEMS ON VEHICLES FOR
10.1.42
10.1.43
TO 49 Reserved for Future Use
10.1.50 Disturbance of the Peace
With a Motor Vehicle/COMPRESSION RELEASE ENGINE BRAKING
10.1.51 Railroad
Crossings
10.1.52 Pedestrian
Regulations
10.1.53 Motor Vehicles on
Pedestrian Ways and Overpasses
10.1.54 School
Crossing Guards
10.1.55 Driving
Over Curbing or Safety Islands Prohibited
10.1.56 Entry
into UNLocked Vehicle
10.1.57 Miscellaneous
Lane and Turn Controls
10.1.58 Pedestrians,
Bicycles, Mopeds, etc., Prohibited on Freeways and Expressways
10.1.59 In-Line
Skating and Play Vehicles
10.1.60 Penalties
10.1.61 Enforcement
Schedule
A Speed Limits Increased
Schedule
B Through Streets
Schedule
C Stops at Crosswalks --
Through Streets
Schedule
D Vehicles Required to Stop
Schedule
E Yield Intersections
Schedule
F Left Turns Prohibited
Schedule
G U-Turns Prohibited
Schedule
H One-Way Streets
Schedule
I Heavy Traffic
Prohibited Routes
Schedule
J Parking Prohibited
Schedule K Parking
Prohibited During Certain Periods at
Schedule
L Parking Limited
Schedule M Parking
Limited During Specified Periods, Except on Certain Days
Schedule
N Parking Prohibited During
Certain Periods
Schedule O Prohibition
of Motor Vehicles on Certain City-Owned Property
Schedule
P Passing on the Right
Prohibited
Schedule
Q Parking, Standing or
Stopping Prohibited
ARTICLE A
(a)
Statutes Adopted.
Except as otherwise specifically provided in this Code, the statutory
provisions in Chapters 340 to 348 of the Wisconsin Statutes, describing and
defining regulations with respect to vehicles and traffic, for which the
penalty is a forfeiture only, excluding penalties to be imposed and procedures
for prosecution, are hereby adopted and by reference made a part of this
Chapter as 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 Chapters 340 to 348 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
(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 Chapter
shall be as provided in Chapters 340 to 348 of the Wisconsin Statutes and the
penalty for violation thereof shall be limited to a forfeiture as hereinafter
provided in this Chapter:
941.01
Negligent
Operation of Vehicle Off Highway
941.03 Highway Obstruction
(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 of 1993-94 as from time to time amended, repealed or modified by the
Wisconsin Legislature.
(d)
General References.
General references in this Chapter to
(a) Administrative
Regulations Adopted. The following administrative rules and regulations
adopted by the State of Wisconsin 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.
[Penalties
of
(b)
Non-Compliance Prohibited.
No person shall operate or allow to be operated on any highway, street or alley
within the City a vehicle that is not in conformity with the requirements of
Subsection (a) or the provisions of Sec. 110.075 and Chapter 347, Wis. Stats.,
incorporated by reference in Section 10-1-1 of this Chapter.
(c)
Owner's Liability.
Any owner-lessee 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 he or she
had operated the vehicle. The provisions of Sec. 347.04, Wis. Stats., relating
to non-applicability or demerit points shall apply to owners convicted of a
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 City 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 Sec. 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.
(e) Penalty. Penalty
for violation of any provision of this Section, including the provisions of the
Wisconsin Administrative Code, incorporated herein by reference, shall be as
provided in Chapter 110, Wis. Stats., together with the costs of prosecution
and applicable penalty assessment.
(a) Director of Public
Works to Erect and Install Uniform Traffic Control Devices. Whenever
traffic regulations created by this Chapter, including a State of Wisconsin
traffic regulation adopted by reference in Section 10-1-1, require the erection
of traffic control devices for enforcement, the Director of Public Works, with
the assistance of the Police 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 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 a manner as, in the
judgment 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
City of Glendale.
(b)
Code Numbers to be Affixed to Official Traffic Control
Devices. The Police
Department shall cause to be placed on each official traffic control sign a
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 City
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 displayed 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 the Police Department 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 to the
Common Council 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.
State
law Reference: Sections 346.41 and
349.09, Wis. Stats.
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 Section 10-1-1 and shall be subject to the applicable forfeiture
penalty; provided the defenses defined and described in Sec. 346.485(5)(b),
Wis. Stats., shall be a defense for an owner charged with such violation.
(a) Notwithstanding the provisions of Sec. 346.48(2)(b)2., Wis.
Stats., adopted by reference in Section 10-1-1 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.
(b) Pursuant to Sec. 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 the right-of-way between the roadway and the school
grounds in a zone designated by "school" warning signs as provided in
Sec. 118.08(1), Wis. Stats., in which a street or highway borders the grounds
of a school.
(a) Pursuant to Sections 346.03(3), 346.94(14), 346.95(3) and
347.25(1), (1m)(a) and (b) and (4), Wis. Stats., a marked police vehicle under
Sec. 340.01(3)(a), Wis. Stats., may be equipped with a blue light and a red
light which flash, oscillate or rotate.
(b) If the vehicle is so equipped, the lights shall be illuminated
when the operator of the police vehicle is exercising the privileges granted
under Sec. 346.03, Wis. Stats. The blue light shall be mounted on the passenger
side of the vehicle and the red light shall be mounted on the driver side of
the vehicle. The lights shall be designed and mounted so as to be plainly
visible and understandable from a distance of five hundred (500) feet during
normal sunlight and during hours of darkness. No operator of a police vehicle
may use the warning lights except when responding to an emergency call or when
in pursuit of an actual or suspected violator of the law, when responding to
but not upon returning from a fire alarm or when necessarily parked on a
highway in a position which is likely to be hazardous to traffic using the
highway.
The
operator of every vehicle involved in an accident shall immediately file with
the Police Department a copy of the report required by Sec. 346.70 of the
Wisconsin Statutes, 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 reports shall be
subject to the provisions and limitations of Sections 346.70(4)(0 and 346.73 of
the Wisconsin Statutes specifically that accident reports filed with this
Section shall be for the confidential use of the Department and shall not be
open to public inspection except as permitted by Sec. 346.73, Wis. Stats.
Motor
vehicles are prohibited from using, on either a temporary or permanent basis,
all City-owned lands, or portions thereof, as set forth in Schedule
"O". Schedule "O" is adopted by reference and made a part
of this Section.
Evidentiary Presumption.
Use of a cell phone by a person driving a motor vehicle shall be
presumptive evidence that such person is so engaged or occupied as to interfere
with the safe driving of such vehicle.
ARTICLE B
Every
operator of a vehicle approaching an intersection at which an Official Traffic
Control Device is erected in accordance with this Chapter shall obey the
direction of such Official Traffic Control Device as required by the Wisconsin
Statutes incorporated by reference in Section 10-1-1 of this Chapter. Operators
of vehicles approaching a stop sign shall stop before entering a highway as
required by Sec. 346.46, Wis. Stats. Operators approaching intersections at
which a yield sign has been installed shall yield the right-of-way to other
vehicles as required by Sec. 346.18(6), Wis. Stats.
(a)
Definition.
For purposes of this Section, heavy traffic shall be defined as:
(1)
All vehicles
not operating completely on pneumatic tires; and
(2)
All vehicles
or combination of vehicles, other than motor buses, designed or used for
transporting property of any nature and having a gross weight of more than six
thousand (6,000) pounds.
(b)
Prohibited Routes.
Heavy traffic is prohibited from using any
(c)
Administration.
The Director of Public Works in cooperation with the Police Department shall
administer this Section. Administration shall include:
(1)
Posting of
signs. Appropriate signs
shall be posted giving notice of this Section and of the heavy traffic routes
established herein.
(2)
Maps. Heavy traffic routes shall be shown on the Official Traffic
Map.
(3)
Construction
equipment.
a.
The Director
of Public Works may grant temporary permits to allow heavy construction
equipment to use City streets or highways not designated as heavy traffic
routes. These permits may be granted only when use of a non-designated 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 City harmless for any damage done to the City street by
the equipment and/or any personal injury or property damage caused in part or
in whole by the street damage.
b.
City-owned or
operated equipment is specifically excluded from the provisions of this
Section.
(d)
Liability.
Any operator, corporation, owner or agent whose heavy traffic vehicle damages
any City streets or highways in violating this Section shall be liable and
required to pay the City the cost of repair or replacement of the damaged
street or hi .way.
(e)
Special and Seasonal Weight Limitations. The Director of Public Works shall have the authority to
impose special or seasonal weight limits on any highway, bridge or culvert
maintained by the City to prevent injury to the roadway or for the safety of
the users of such bridge or culvert and shall be responsible for erecting
Uniform Traffic Control Devices giving notice thereof in accordance with the
proving of Section 10.1.3.
(f)
Heavy Traffic Prohibited.
The streets, highways or parts thereof within the jurisdiction of the City
listed in Schedule I shall not be used by heavy traffic, as defined in
Subsection (a) above. Schedule I is adopted by reference and made a part of
this Section.
State
Law Reference: Sections 348.16 and
349.17,
(a) State Speed Limits Adopted. The provisions of Sections 346.57,
346.58 and 346.59, Wis. Stats., relating to the maximum and mum speed of
vehicles are hereby adopted as part of this Section as if fully set forth
herein, except as specified by this Section pursuant to Sec. 349.11(3)(c), Wis.
Stats., where the Common Council has determined that the statutory speed limits
are unreasonable, unsafe and imprudent and has modified such limits.
(b) Speed Limits Increased. The speed limits are increased as set
forth in Schedule A upon the streets or portions thereof between the limits
designated. Schedule A is adopted by reference and made a part of this Section.
(c) Speed
Limits Decreased. The speed limits are
decreased as set forth in Schedule R upon any street or portions thereof
between the limits designated. Schedule
R is adopted by reference and made a part of this Section.
State
Law Reference: Sec. 349.11(3)(c),
(a) Designation of Through
Streets. In the interest of public safety and pursuant to Sec. 349.07, Wis.
Stats., the streets or portions thereof set forth in Schedule B are declared to
be through highways, and traffic signs or signals giving notice thereof shall
be erected by the Director of Public Works in accordance with Section 10-1-3.
Schedule B is adopted by reference and made a part of this Section.
(b) Crosswalk Stops. In
the interest of public safety, all vehicles shall stop at the crosswalks on the
through streets or portions thereof set forth in Schedule C. Schedule C is
adopted by reference and made a part of this Section.
State
Law Reference: Sec. 349.07,
When
signs or traffic lights have been erected, all vehicles proceeding in the
indicated direction (or, if no direction is indicated, proceeding in both
directions) on the first specified street in Schedule D shall stop behind the
crosswalk at the intersection of same street anti the latter-named street or
streets. Schedule D is adopted by reference and made a part of this Section.
When
yield right-of-way signs are installed, the operator of a vehicle proceeding in
the specified direction on streets specified in Schedule E, adopted by
reference and made part of this Section, shall yield the right-of-way, as
required by and in the manner set forth in Sec. 346.18(6), Wis. Stats.
State
Law Reference: Sec. 346.18(6),
When
signs prohibiting left turns are erected, the operator of a vehicle proceeding
in the specified direction on streets specified in Schedule F shall not make a
left turn. Schedule F is adopted by reference and made a part of this Section.
When signs
prohibiting U-turns are erected, the operator of a vehicle shall not turn his
vehicle so as to proceed in the opposite direction in the locations listed on
Schedule G. Schedule G is adopted by reference and made a part of this Section.
Pursuant
to Sec. 349.10, Wis. Stats., the streets and alleys, or portions thereof,
designated in Schedule H are heretofore declared to be one (1) way streets and
no person shall operate any vehicle thereon except in the indicated directions.
Schedule H is adopted by reference and made a part of this Section.
State
Law Reference: Sec. 349.10,
When
signs prohibiting passing on the right are erected at a particular location as
specified in Schedule P, a vehicle shall not overtake and pass another vehicle
by use of the right lane. Schedule P is adopted by reference and made a part of
this Section.
ARTICLE C
(a)
Seventy-two (72) Hour Limitation. No person, firm or corporation shall park or leave
standing any automobile, truck, tractor, trailer or vehicle of any description
on any public street, public parking lot or other City-owned property in the
City for a period of seventy-two (72) or more consecutive hours in the same
location at any time, except that where more restrictive parking limits have
been established the more restrictive limits shall apply. When any law
enforcement officer shall find a vehicle standing upon a public street, parking
lot or other City-owned property in violation of the provisions of this
Section, he is authorized to move such a vehicle or to require the operator in
charge thereof to move such 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 and in such case the owner shall pay the costs of
removing said vehicle and the storage fees on said vehicle before he may
recover the possession thereof.
(b)
Posted Limitations.
(1)
The Common
Council 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 City shall
mark, by appropriate signs, each zone so designated in accordance with the
provisions of Sec. 349.13, Wis. Stats.
(2)
Except when
necessary to avoid conflict with other traffic or in compliance with the
directions of a police 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 or as permitted by state law or
elsewhere by this Code of Ordinances.
(3)
The Chief of
Police, or his designee, 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 Chapter 346
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 portions
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)
After the
parking limitations on any given street have expired, any change of location of
not more than one (1) stall following expiration of the parking period allowed
shall be and constitute a violation of this Chapter.
(a)
Street Maintenance.
Whenever it is necessary to clear or repair a City roadway or any part thereof,
the Director of Public Works and/or Police 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 (2) 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.
(b)
Temporary parking Restrictions for Special Events. Pursuant to the provisions of Subsection 349.13, Wis.
Stats., the Chief of Police, or his designee, is authorized to direct that
temporary "No Parking" signs be erected by the Director of Public
Works during parades, festivals and other authorized events that require the
regulating of vehicle stopping, standing or parking on City roadways. The
temporary regulation shall be limited to the time the event exists or is likely
to exist.
(c)
Parking During Snow Removal. No person shall park, place or leave standing any
automobile, truck or other vehicle on any street or public way after one (1)
hour from the time such area has been designated and marked with signs or
barriers by the Police Department and/or the Director of Public Works of the
City indicating no parking due to snow removal.
(d)
Restrictions Due to
(1)
Whenever a
temporary road condition exists other than that specified in Section 10-1-31,
which, in his opinion, the public safety or convenience requires temporary
regulation of traffic, the Chief of Police, or his designee, may declare in
effect certain traffic regulations as follows:
a.
Prohibiting
vehicles from stopping or parking on portions of streets.
b.
Conversion of
certain streets into one (1) way traffic.
c.
Prohibiting
certain kinds of vehicles from traveling over portions of certain streets.
d.
Such other
regulations as it may be necessary to impose considering the nature of the
temporary condition existing.
(2)
Upon declaring
such temporary traffic regulations, the Chief of Police, or his designee, shall
cause the Department of Public Works to erect appropriate signs informing the
public of such regulations. Upon the erection of such signs, the Police
Department shall enforce such regulations.
(3)
The City
Administrator shall immediately inform the Common Council of such temporary
regulations. The Common Council shall thereupon ratify or terminate such
regulations. Any such temporary regulations shall terminate when the temporary
condition for which it was declared ceases to exist, but in no event shall such
regulation continue for more than sixty (60) days.
(a) Parking Prohibited at
All Times. 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)
Within an
intersection,
(2)
On a
crosswalk.
(3)
On a sidewalk
or terrace area, except when parking in such place is clearly indicated by
official traffic signs or markers or parking meters. “Terrace or Sidewalk
Area" means that area between the sidewalk and the nearest curb line
running parallel or generally parallel thereto or in the absence of a sidewalk
ten (10) feet beyond the curb line.
(4)
Alongside or
opposite any highway excavation or obstruction when such stopping or standing
would obstruct traffic or when pedestrian traffic would be required to travel
in the roadway.
(5)
On the roadway
side of any parked vehicle unless double parking is clearly indicated by
official traffic signs or markers.
(6)
Within twenty
(20) feet of the driveway entrance to a fire station.
(7)
Upon any
portion of a highway where and at the time when stopping or standing is
prohibited by official traffic signs indicating the prohibition of any stopping
or standing.
(8)
In any place
or manner so as to obstruct, block or impede traffic.
(9)
Within ten
(10) feet of a fire hydrant, unless a greater distance is indicated by an
official traffic sign.
(10)
Upon any
portion of a highway where and at the time when parking is prohibited, limited
or restricted by official traffic signs.
(11)
Upon any
bridge.
(12)
Upon any
street or highway within the City 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.
(13)
Upon any
terrace or sidewalk in the City at any time.
(14)
In a loading
zoning.
(15)
In any
municipal park when said park is closed to the public.
(16)
Within fifty
(50) feet of the nearest rail of a railroad crossing.
(17)
Upon any
landscaped or turf area.
(b) Parking in Driveways.
No person shall park or leave standing any
motor vehicle in any private driveway without the permission of the
owner or lessee of the property which such driveway is located, whether or not
such driveway is posted to limit or restrict parking.
(c)
Vehicles Not to
(d)
No person shall let stand, park, or stop a vehicle on
any street, alley, public right-of-way, or municipal parking lot in the City of
(a) Parking Reserved for Vehicles of Disabled. When official traffic signs
indicating such restriction have been erected in accordance with Section 10-1-3
of this Chapter, no person shall park, stop or leave standing any vehicle upon
any portion of a street, highway or public or private parking facility reserved
for vehicles displaying special registration plates or identification cards or
emblems issued by the Wisconsin Department of Transportation, or for vehicles
registered in another jurisdiction by such other jurisdiction, designating the
vehicle as one used by a physically disabled person.
(b) Variance from Parking Regulations for Disabled Individuals. The Board of Appeals shall have authority
to grant a variance permitting the designation of a specific portion of public
street or City right of way as parking space for a disabled resident of the
City of
(1) Application shall be made
with the Board of Appeals subject to such fee as applicable to zoning variance
applications.
(2) Notice shall be provided
to property owners abutting on such street or right of way as is the subject of
the application within 300 feet of the area requested to be designated as
parking for the applicant.
(3) The Board of Appeals, in
considering whether or not to grant such variance, shall consider the
following:
a. The applicant’s specific
physical disability, and whether or not there is an undue hardship to the
applicant absent grant of a variance from parking restrictions.
b. The availability of
on-site or other alternate parking.
c. The resident status of
the applicant and the frequency of the applicant’s presence at the property
fronting the area requested to be designated for the applicant’s parking.
d. The times, ordinances,
and regulations as to which the variance is requested.
e. Any adverse impact on
the general health, welfare, safety, traffic patterns, or aesthetics of the
surrounding area.
(4) The Board of Appeals shall place
conditions upon the grant of any such variance to minimize the extent the
variance creates an exception to overnight parking restrictions and winter
parking regulations.
(5) Any variance permitting parking shall be
specific to the individual, specific to a designated vehicle owned or regularly
used by such individual, and shall not allow parking during snow emergencies,
nor by any other person or vehicle. This
prohibition shall not apply to an individual operating the designated vehicle
on behalf of and for the benefit of the applicant.
(6) The Chief of Police of the City of
Glendale, the Chief of the North Shore Fire Department, or their designates, or
the Director of Public Works, shall have authority to order such vehicle moved
from the designated parking area in his or her sole discretion as may from time
to time be reasonably necessary in the interest of the public health, welfare or
safety, or in the event of emergency.
(7) The Board of Appeals shall have authority
to rescind any variance granted under this provision upon application of the
City Administrator, Director of Public Works, or Chief of Police, upon
determination that there is non-compliance with any conditions of the variance,
or that rescission is necessary to reasonably accommodate traffic.
(8) Upon the grant of such variance, the City
shall post the area for which the variance has been granted, which posting
shall designate the vehicle allowed to be parked in the posted area. The applicant shall bear the cost of such
posting, and any replacement postings.
Such costs may be waived by the Board of Appeals upon a showing of
economic hardship.
(a)
Leaving Keys in Vehicle.
No person shall permit any motor vehicle 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.
Whenever any police officer shall find any vehicle standing with the key in the
ignition in violation of this Section, such officer is authorized to remove
such key from the vehicle and deliver the key to the Police Department for safe
custody.
(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 thirty (30) minutes
within three hundred (300) feet of any residence within the City 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.
Except
an emergency vehicle or taxicab temporarily stopped for the purpose of
receiving or discharging passengers, whether such vehicle is attended or
unattended,. except on the first day of January of each year, no person shall,
at any time, park or leave standing any vehicle upon any of the highways, streets
and public thoroughfares, or parts thereof, listed on Schedule J. Schedule J is
adopted by reference and made a part of this Section.
There
shall be no parking on regular school days of Nicolet High School between the
hours of 7:30 a.m. and 4:30 p.m. on the streets and public thoroughfares, or
pans thereof, listed on Schedule K. Schedule K is adopted by reference and made
a pan of this Section.
When
signs are erected in any block giving notice thereof, no person shall park a
vehicle, except an emergency vehicle or taxicab temporarily stopped for the
loading or unloading of passengers, for longer than the period hereinafter
specified or during the period hereinafter specified, or parts thereof, listed
in either Schedule L or M. Schedule L
and M are adopted by reference and made a part of this Section.
When
signs are erected in any block giving notice thereof, no person shall park a
vehicle, except an emergency vehicle or taxicab temporarily stopped for the
loading or unloading of passengers, for longer than the period hereinafter
specified or during the period hereinafter specified, except on Sundays,
holidays and the first day of January of each year, upon the streets, or parts
thereof, listed in Schedule M. Schedule M is adopted by reference and made a
part of this Section.
No
person shall park or leave standing any vehicle upon any of the streets, or
parts of highways, listed on Schedule N, at the time and/or days indicated,
except temporarily for the purpose of and while actually engaged in receiving
or discharging passengers. Schedule N is adopted by reference and made a part
of this Section.
(a) Snow Emergency
Declarations. The Common Council hereby declares that a snow emergency
exists in the City whenever a snowfall during any period of twenty-four (24)
hours or less reaches a depth of three (3) inches or more. Such emergency is
declared to be a serious public hazard impairing transportation and public
health, safety and welfare for a period of forty-eight (48) hours or until such
time as snow removal operations have been declared completed by one (1) of the
officials set forth in Subsection (b) below.
(c)
Parking Restrictions.
(1) Whenever such an emergency exists and the Director of Public
Works or, in his absence, the City Administrator, or, in the absence of the
foregoing, the Mayor, or, in the absence of all the foregoing, the President of
the Common Council, shall have caused announcement thereof to be made by not
less than four (4) radio stations whose normal operating range covers the City
of Glendale, it shall be unlawful for any person to park, or suffer to be
parked, any vehicle on any street.
(2) Any vehicle parked in violation of any provision of this
Section shall be ticketed by the Police Department as an illegally parked vehicle
and is subject to the provisions of Section 10.1.37 (Removal of Illegally
Parked Vehicles) of this Code.
(a)
Angle parking
or parking diagonally is prohibited on all the streets, alleys and highways of
the City except in those places where vehicle parking markers indicate that
angle parking is permissible. All vehicles shall park parallel to and within
one (1) foot of the curb or pavement edge except where streets and parking lots
are so marked for angle parking.
(b)
No person
shall at any time park any vehicle:
(1)
In any
direction other than the designated parking angle, where angle-parking spaces
are so designated and provided by appropriate markings.
(2)
Backwards into
angle parking spaces so designated and provided by appropriate markings.
(3)
With a trailer
attached or any vehicle longer than twenty (20) feet on any street where angle
parking is so provided and allowed.
(a)
Parking Restricted.
No person owning or having control of any truck, trailer, truck power unit,
tractor or bus in excess of fifteen thousand (15,000) pounds gross weight, or
over sixteen (16) feet in length, or having an enclosed area of a height no
more than eight (8) feet from the roadway, except for vans, pickup trucks, and
sport utility vehicles, even if such van, pickup truck, or sport utility
vehicle is licensed as a truck, shall park the same upon any street, avenue,
public way or private property in the City zoned residential between the hours
of 6:00 p.m. and 7:00 a.m. One (1) hour parking will be allowed in residential
areas between 7:00 a.m. and 6:00 p.m. The provisions of this Subsection shall
not be deemed to prohibit the lawful parking of such equipment upon any street,
avenue or public way in the City for the actual loading or unloading of goods,
ware or merchandise, providing, however, the "loading" and
"unloading," as used in this Section, shall be limited to the actual
time consumed in such operation. This prohibition shall not apply to the parking
of trucks, trailers, truck power units or buses upon, or as close as reasonably
practicable, to construction sites at which they are in use, only during such
time period that construction is in process. The Common council may, however,
designate specific truck parking zones.
(b)
Removal. Any vehicle
unlawfully parked under Subsection (a) above may be removed from the street by
order of the Chief of Police, or his designee,, and the expense of so moving
and storing such vehicle shall be paid by the operator or owner of said vehicle
as a forfeiture in addition to the penalties hereafter prescribed.
(d) Definition. For purposes of this
Section, "frontage" is defined as that portion of the property from
the front boundary to the front line of the building footprint.
Pursuant
to the provisions of Sec. 118.105, Wis. Stats., the following regulations shall
apply to the grounds of the
(a)
Parking. All parking
on any grounds of the School District from 7:00 a.m. to 4:30 p.m. shall be
restricted to areas designated for parking by the School Board, except vehicles
authorized by the School Board, i.e., driver's education vehicles, maintenance
personnel vehicles, stalled vehicles, and others as advised. 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. All parking
on grounds of the
(b)
Speed Limits.
No person shall at any time operate a motor vehicle upon any
(c)
Vehicles Prohibited at Specified Times. No person shall at any time operate, park or leave
standing a motor vehicle, other than a school bus or emergency vehicle, in or
upon a bus loading zone during the hours of 7:00 a.m. to 9:00 a.m. and during
the hours of 2:00 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 City parking
ticket from a motor vehicle.
(a) Unlicensed Operators
Prohibited. No person who does not hold a valid operator's license, or who
is not operating in compliance with the conditions of a valid learner's permit,
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 10-1-1 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 for the general public for parking or vehicular
traffic.
(a)
Hazard to Public Safety.
Any vehicle parked, stopped or standing upon a highway or public parking lot or
ramp in violation of any of the provisions of this Chapter or Chapter 5 of
Title 10 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 a City
law enforcement officer or the Director of Public Works, to a position where
parking is permitted or to a private or public parking or storage premises.
(c)
Removal by Traffic Officer.
A City law enforcement officer or the Director of Public Works, 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.
A City law enforcement officer or the Director of Public Works 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 who 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 the actual cost 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. After any such motor vehicle shall
have been stored, as aforesaid, for ninety (90) days or more and shall not have
been reclaimed, as aforesaid, the City may sell the same at public auction as
provided. in Sections 10-5-1 through 10-5-7. If the vehicle is towed by a
private carrier, the private carrier may also be responsible for collection and
disposal under Sections 779.48 and 779.415, Wis. Stats.
(a)
Storage Prohibited.
No person owning or having custody of any partially dismantled, non-operable,
wrecked, junked or discarded motor vehicle shall allow such vehicle to remain
on any public highway, parking lot or ramp longer than twenty-four (24) hours
after notification thereof by the Police 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 twenty-four (24)
hours after notice is declared to be a public nuisance and may be removed as
provided in Section 10-1-37.
(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 City.
(a)
(1)
No person
shall park any vehicle between 2:00 a.m. and 6:00 a.m., on any street or alley
in the City of Glendale, except by permit issued by the City Clerk in
accordance with the fee schedule as from time to time adopted by the Council;
such permits shall allow parking from April 1 through November 30 of each year.
(2)
No permit
issued under Subsection (a)(1) of this Section shall be deemed to supersede any
other local, state or federal parking regulation, or to permit parking as
otherwise prohibited by this Code of Ordinances.
(3)
Permits shall
be valid only for streets within a residential zoning district, and issued
subject to the following:
a.
A permit shall
be granted only upon determination of residency and only as to vehicles
registered, leased, or assigned to the occupant of a residence within the City
of
b.
The City Clerk
or his/her designate shall accept applications for and shall have the authority
to issue such permits.
c.
Permits shall
be issued only for vehicles displaying valid automobile license plates or for
motor trucks not larger than twenty-one (21) feet in length, seven (7) feet in
width, and seven (7) feet in height, which are not used for commercial
purposes.
d.
Permits shall
be issued for a calendar year or any part thereof. The permit fee shall be set
by the Common Council as from time to time adopted, and shall not exceed an
amount reasonably determined to compensate the City only for the administrative
costs of issuing such permits. There shall be no permit fee for calendar year
1994.
(b) Parking by permit shall not be valid during snow emergencies
and all snow emergency regulations and restrictions shall be deemed in full
force and effect, and shall supersede any parking rights created by issuance of
such permit.
(c)
Nothing in
this Section shall be construed as restricting the right of free travel within
the City limits of the City of
(a) Definitions.
(1) A recreational vehicle
shall be described as a race car, “hot rod,” motorized home, boat whether or
not motorized, personal water craft including but not limited to wave runners
and jet skis, snowmobile, all-terrain vehicle, motorcycle, or any non-motorized
component or accessory thereof such as camper trailers, trailer homes requiring
motorized tow, boat trailers, trailers for any type of hauling or storage
purpose, or any other accessory to a motorized vehicle, whether or not any of
the foregoing require licensing or registration by the State of Wisconsin.
(2) For purposes of this
section, “frontage” is defined as that portion of the property from the front
boundary to the front line of the building footprint.
(b) Residential
Recreational Vehicle Parking Prohibited.
No person owning or having control of any residential recreational
vehicle shall park, store, or leave unattended such residential recreational
vehicle on any residential property except as provided hereafter.
(c) Residential Recreational Vehicle Exception. Subsection (b) above shall not prohibit the
parking of one (1) recreational vehicle per property owner on the owner's
residential lot. The parking of a
recreational vehicle owned by a property owner on residential property is
permitted provided that:
(1) The recreational vehicle
shall be functional;
(2) The recreational vehicle
shall comply with all state laws regarding licensing and registration, if
required;
(3) The recreational vehicle
shall be parked only on a paved or graveled portion of the residential
property;
(4) The recreational vehicle
shall not be parked in whole or in part on the frontage of the property;
(5) A recreational vehicle
parked on the side of a residence shall be subject to setback requirements
provided by this Code of Ordinances and applicable to the zoning district in
which the vehicle is parked. A
recreational vehicle parked behind a residence and out of the public view from
the front of the residence need not comply with rear setback requirements.
(6) The recreational vehicle
is in a garage, shed, or other fully enclosed structure.
No person owning or having control
of any personal property of any nature, which property is held out for sale,
and which property is located within or upon a vehicle or trailer shall park,
store, or leave unattended, such vehicle or trailer on any street in the City
of Glendale for the purpose of advertising a trailer, or the contents of a
vehicle or trailer, for sale.
No
owner of residential private property shall place a motor vehicle for sale from
such residential private property, other than a vehicle registered to a bona
fide resident of the property for at least a period of (6) six months, and not
more than (3) three vehicles in any (12) twelve month period. No person holding any form of vehicle dealers
license may hold for sale or sell vehicles from a residential private property,
other than as herein before provided.
ARTICLE D
(a) Disturbance of the
Peace. No driver of any vehicle,
including motorcycles, all-terrain vehicles and bicycles, shall cause, by excessive
and unnecessary acceleration, the tires of such vehicle or cycle to spin and
emit loud noises or to unnecessarily throw stones or gravel; nor shall such
driver cause to be made by excessive and unnecessary acceleration any loud
noise as would disturb the public peace.
(b) Compression
Release Engine Braking. No operator
of a diesel engine truck or truck powered by any other internal combustion
engine, shall use or in any way employ an engine brake while operating such
truck, or any other unmuffled engine brake, except in an emergency situation to
avoid imminent danger to a person or to property. As used in this Section, a compression engine
brake is used to effect the reduction of vehicle speed by deactivating the
accelerator pedal, and allowing compressed air from the engine cylinders into
the exhaust system so as to slow the vehicle as an alternative to employing the
vehicle’s service brakes. This
prohibition shall apply throughout the City of
(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 car upon any street, alley or
highway crossing within the City so as to obstruct public travel for a greater.
period of time than five (5) minutes without opening said street, alley or
crossing for at least ten (10) 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 10-1-60 of this Code. 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 Two Hundred Dollars ($200.00).
(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 City unless a whistle or horn shall be blown eighty
(80) rods [one thousand three hundred twenty (1,320) feet] 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. Any person violating this Section shall be subject to a forfeiture
as provided in Section 10-1-60 of this Code.
(a)
Pedestrian Obedience to Traffic Control Devices and
Regulations.
(1)
Obedience to
Traffic Control Devices. No person
shall fail to obey the instructions of any Uniform Traffic Control Device when
traveling as a pedestrian on any highway within the City of
(2)
Crossing at
Crosswalks. No pedestrian shall
cross at a crosswalk except on the right half thereof whenever practicable.
Where sidewalks are provided, no pedestrian shall walk along and upon an
adjacent roadway except when he sidewalk is visibly unsafe, obstructed or
closed to public travel.
(b) Prohibited Pedestrian
Crossing. Except in residential areas, 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 on any pedestrian way or
pedestrian overpass within the City of
Pursuant
to Sec. 349.215, Wis. Stats., those adult persons hired or authorized to act by
the Police Department, City, or any School District, to act as "School
Crossing Guards" shall have the authority to stop vehicular traffic and to
keep it stopped as long as necessary at their respective school crossings for
the purpose of permitting school children to cross the street. No operator of a
vehicle shall fail or refuse to stop for a crossing guard or school crossing
guard when, in the performance of his duties, he so directs by use of sign or
signal.
State
Law Reference: Sec. 349.215,
(a)
Driving Over Curbing Prohibited. It shall be unlawful for any motor vehicle to be driven or
backed over any curbing in the City of
(b)
Driving Over Safety Zones or
No
person shall intentionally enter the unlocked and enclosed portion or
compartment of the vehicle of another without consent of the owner or other
person having lawful possession.
The
Director of Public Works, in cooperation with the Chief of Police, or his
designee, is authorized when, in his judgment, the safety of the situation
requires, to place official traffic control devices within or adjacent to
intersections directing that a different course from that specified in Sec.
346.31, Wis. Stats., be traveled by vehicles turning at the intersection and to
make lanes for traffic designating separate lanes for slow-moving traffic or
for traffic moving in a particular direction.
Pedestrians,
bicycles, unmotorized traffic and persons operating power-driven cycles, mopeds
or motor bicycles are prohibited on freeways and expressways. When signs
conforming to the Uniform Traffic Control Device Manual are erected at all
points of access to such highways, no pedestrian shall walk and no person shall
ride a bicycle or operate a power-driven cycle, moped, motor bicycle, bicycle
or other non-motorized vehicle upon freeways and expressways.
(a) State Laws Applicable. Every person using “in-line skates” as
defined in Sec. 340.01(24m), Wis. Stats., and play vehicles as defined in Sec.
340.01(43m), Wis. Stats., upon a public roadway shall be subject to the
provisions of all ordinances and state laws applicable to the operator of any
vehicle, except those provisions with reference to equipment of vehicle and
except those provisions, which by their nature would have no application.
(b) Play Vehicles Prohibited on Roadways. No person riding upon any play vehicle may
attach the same or himself or herself to any vehicle upon a roadway or go upon
any roadway except while crossing a roadway at a crosswalk. “Play Vehicles” shall include vehicles
categories as motorized scooters, unless specifically indicated otherwise.
(c) In-line Skates.
(1) Prohibited In-line Skating Roadways. In-line skating shall be prohibited on the
following streets and roadways within the City of
a.
1.
2.
3.
4. Interstate 43 and all on and off ramps.
5.
6.
b. Collector Streets.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12. N. Range Line Road, including the
frontage road.
c. Frontage Roads.
1.
2.
d.
1.
2.
3.
4.
5.
6.
7.
(2) In-line
Skating on Designated Roadways.
a. All streets and roadways
not specifically listed in Subsection (c) above shall be considered designated
roadways for in-line skating.
b. Every person using
in-line skates on a designated two way public street or alley shall keep as
close to the right-hand side of the street as possible and shall proceed with
traffic. Every person using in-line
skates in an alley shall proceed in the direction of the traffic.
c. Every person using
in-line skates upon a designated roadway shall proceed single file on all
public roadways.
d. Persons using in-line
skates upon a designated roadway shall not impede the normal and reasonable
movement of motor vehicle traffic.
(3) Clinging to Moving Vehicles Prohibited. It shall be unlawful for any person using
in-line skates to cling to or attach to any bicycle or other moving vehicle
upon a public roadway.
(4) Observance of Traffic Regulations.
Every person using in-line skates upon a public roadway shall stop for
all stop signs and traffic signals.
(d) Designated Bike Paths. Every
person using in-line skates or play vehicles upon designated bike paths shall
yield the right-of-way to any pedestrian and shall exercise due care when
passing any other person. The designated
bike paths are located on
Exception: Play vehicles under this provision shall not
include motorized scooters, which are not permitted on the designated bike
paths at any time.
(e) Prohibited Operation. The use of in-line skates and play vehicles
on public parking lots, steps of public buildings, public driveways and public
tennis courts is hereby prohibited. In addition, the use of in-line skates and
play vehicles on public sidewalks is hereby prohibited.
(f) Yielding to Traffic. The operator of a vehicle shall yield the
right-of-way to a user of in-line skates or play vehicles in the same manner as
for bicyclists and pedestrians under Secs. 346.23, 346.24, 346.36 and 346.38,
(g) Designated Hours. The use of in-line skates or play vehicles will
be permitted during daylight hours only.
(h) Penalty. Any person who shall violate any provision of this Section
shall be subject to a penalty as provided in Section 10-1-60 of this Code of
Ordinances.
ARTICLE E
(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
Sections 814.63(1) and (2) or 814.65(1), Wis. Stats., the penalty assessment
for moving traffic violations and the driver improvement surcharge imposed by
Sections 165.87 and 346.655, Wis. Stats., the jail assessment imposed by Sec.
53.46(1), Wis. Stats., and any other cost, penalty, surcharge, assessment, fee
or tax as required by state statute applicable at the time of imposition of
penalty. Payment of the total judgment may be suspended by the sentencing court
as provided in Section 1-1-7(d) of this Code. Any person eighteen (18) years of
age or older who shall fail to pay any forfeiture or portion thereof imposed
under this Section may, upon order of the court, be imprisoned as provided in
Section 1-1-7(a) of this Code. Any person eighteen (18) years of age or older
who shall fail to pay the amount of the forfeiture or portion thereof imposed
under this Section shall be subject to suspension or revocation of operating
privileges until payment of such forfeiture, or as otherwise provided by state
law applicable at the time of imposition of the forfeiture.
(b) Other Sanctions.
(1)
By Court. 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, 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
or 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 City, except a 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 Uniform Moving Traffic
Regulations. Forfeitures for
violations of any moving traffic regulation set forth in the Wisconsin Statutes
adopted by reference in Section 10-1-1 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 Chapters 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 forfeiture for
violation of non-moving traffic violations adopted by reference in Section
10-1-1 as described in Chapters 341 to 348, Wis. Stats., shall be as found in
the current edition of the Revised Uniform State Traffic Deposit Schedule.
(2)
(3) Parking Forfeitures. The forfeiture for violation of
parking regulations in Sections 10-1-26 through 10-1-30 shall be Five Dollars
($5.00) to Forty Dollars ($40.00). The forfeiture for offenses described in
Sections 346.50 to 346.55, Wis. Stats., adopted by Section 10-1-1 of this
Chapter shall be:
346.503
Not Providing
Parking Spaces for Vehicles
Displaying a Special Handicapped Registration
Plate or Identification Card $
50 to $200
346.505 Parking
in Disabled Person Parking Space $
50 to $300
346.51(1) Improper
Parking On/Off Roadway $ 5 to $
40
346.52(1) Stopping/Standing
In Prohibited Areas $ 5 to $
40
Second
Conviction Within One (1) Year $ 5 to $100
346.52(2) Stopping/Standing
on Highway by
Grade
School $ 5 to $
40
Second
Conviction Within One (1) Year $ 5 to $100
346.53 Parking/Standing
Where Prohibited $ 5 to $
40
Second
Conviction Within One (1) Year $ 5 to $100
346.54 Improper
Parking/Standing of Vehicle $ 5 to $
40
Second
Conviction Within One (1) Year $ 5 to $100
346.55(1) Parking
on Left Side of Highway $ 5 to $300
346.55(2) Parking
Vehicle for
346.55(3) Parking
on Posted Private Property $
5 to $ 40
Second
Conviction Within One (1) Year $ 5 to $100
(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 Ten Dollars ($10.00) nor more than Two Hundred Dollars
($200.00).
(a)
Enforcement Procedures.
(1)
How Enforced. This Chapter shall be enforced in accordance with the
applicable provisions of the Wisconsin Statutes and this Section.
(2)
Applicable
Court Procedures. Except where
otherwise specifically provided by the laws of the State of
(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 non-moving traffic
violations and violations of Sections 346.71 through 346.73, Wis. Stats.
Violations of Sections 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 Chief of
Police, or his .designee, shall recommend a citation for use in enforcing the
non-moving traffic offenses in this Chapter. Such citation shall be used for
enforcement of non-moving traffic regulations created or adopted by this
Chapter, including violations of non- moving traffic regulations defined and
described in the Wisconsin Statutes, adopted by reference in Section 10-1-1,
and all provisions regarding nonmoving traffic violations in this Chapter. The
citation for non-moving traffic violations shall contain a notice that the
person cited may discharge the forfeiture for violation of a non-moving traffic
regulation and penalty thereof by complying with Subsection (c)(2) of this
Section. Non-moving traffic citations may be issued by law enforcement officers
or by civilian employees of the Police Department.
(c)
Deposits and Stipulations.
(1)
Uniform
Traffic Offenses.
a.
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 Wisconsin Statutes. Stipulations of guilt or no contest. may be made by
persons arrested for violations of this Chapter in accordance with Sec.
66.12(1)(b) of the Wisconsin Statutes whenever the provisions of Sec. 345.27 of
the Wisconsin Statutes are inapplicable to such violations. Stipulations shall
conform to the form contained in the uniform traffic citation and complaint
under Sec. 345.11 of the Wisconsin Statutes and may be accepted within five (5)
days of the date of the alleged violation. Stipulations may be accepted by the
Police 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 Sec. 345.26
of the Wisconsin Statutes or, if the deposit is not established under such
Statute, shall deposit a forfeited penalty as provided in the schedule
established by the Chief of Police, or his designee, and approved by the Common
Council. Deposits may be brought or mailed to the Police Department within five
(5) days of the issuance of the citation in lieu of court appearance.
c.
Receipt
Required. Officials accepting a stipulation under the provisions of this
Chapter shall comply with the provisions of Sections 343.27, 343.28,
345.26(1)(a) and 345.27(2) of the Wisconsin Statutes 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 Sec.
345.11 of the Wisconsin Statutes. 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 ten (10) days to the Clerk of Municipal Courts.
(2)
Parking
Forfeitures on Stipulation.
a.
Amount of
Forfeiture. Any person to whom a notice of summons has been issued by the
police to appear at the Police Station for violating the provisions of Sections
10-1-26 through 10-1-30 of the Glendale Code of Ordinances or the provisions of
any other ordinance regulating the stopping, standing or parking on any street
or alley or private roadway or parking lot may deliver by mail or in person a
written admission and stipulation of guilt or not contest to the offense
charged (hereinafter called "admission"), together with payment in
the form of cash, check or money order. The amount of the stipulated forfeiture
shall be as follows:
1.
If such
admission and payment are received within fourteen (14) days after 6:00 p.m. of
the day of the violation as follows:
i. Parking
in space reserved for disabled person $50
ii. Overnight
parking $15
iii. All
other parking violations $20
2.
If received
later than fourteen (14) days above specified, the stipulated forfeiture shall
increase by $10 and a first notice shall be sent to the registered owner of the
vehicle. After twenty-eight (28) days
from the date above specified in subsection 1, an additional $10 penalty
assessment shall be assessed and a second notice shall be sent to the
registered owner. After fifty-eight (58)
days from the date above specified in subsection 1, an additional $20 and the
matter shall be referred to the traffic violation and registration program for
registration suspension consistent with the provisions of subsection c
hereafter stated.
b.
Stipulated
Deposit. No person so charged for such violation shall be tried in Court until
after the procedure set forth in Subsection (2) hereof has been completed. When
an admission has been signed and filed and payment received, no trial of the
same shall be held, but the Court shall record a judgment of conviction and
enter the stipulated deposit as a forfeiture. The provisions of Sec. 345.37,
Wis. Stats., shall apply to relieving the defendant from such stipulation and
the effect thereof.
c.
Registration
Suspension. If the alleged violator does not pay the forfeiture or appear in
court in response to the citation for a non- moving traffic violation on the
date specified in the citation or, if no date is specified on the citation,
within twenty-eight (28) days after the citation is issued, the City 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 Sec. 345.28(4), Wis. Stats., and Subsection
(c)(3) below.
d.
Deposits
Returned to City Treasurer. Officers
receiving deposits for non-moving traffic violations under this Subsection
shall pay over such deposits to the City Treasurer as soon as reasonably
practicable. 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 Sec. 345.26, Wis. Stats., or this
Section, shall qualify by taking the oath prescribed by Sec. 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 Sec. 345.26(3)(b), Wis. Stats.
Every officer accepting a stipulation under the provisions of this Section
shall comply with the provisions of Sections 343.27, 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 Sec. 345.11, Wis. Stats.
(4)
Any fine paid,
whether by stipulation or pursuant to court order, as to which payment is
returned due to a non-sufficient funds check, shall be subject to an
administrative fee assessment in addition to any forfeiture amount due and
owing in the sum of $40.
(5)
Registration
Suspension Program.
a.
The City shall
participate in the Wisconsin Department of Transportation Traffic Violation and
Registration Program as set forth in Sec. 345.28, Wis. Stats., and Wis. Adm.
Code Trans. 128 and all amendments or changes thereto.
b.
The Police
Department is hereby designated as a delegated authority for purposes of
Sections 85.13 and 345.28, Wis. Stats., and Wis. Adm. Code Trans. 128. The
Police Department is authorized to perform, on behalf of the City, all
functions required of a local authority under said Statutes and Code including,
but not limited to:
1. Preparing and completing all forms and notices, notifying
the Wisconsin Department of Transportation of unpaid citations for non-moving
traffic violations;
2. Specifying whether the registration of vehicles involved in
unpaid citations for non-moving traffic violations should be suspended and/or
whether registration should be refused for any vehicle owned by persons with
unpaid citations for non-moving traffic violations;
3.
Determining
the method by which the City will pay the Wisconsin Department of
Transportation for administration of the program; establishing the effective
date .for participation;
4.
And taking
such other action as necessary to institute and continue participation in the
Wisconsin Department of Transportation Traffic Violation and Registration
Program.
c.
The Chief of
Police, or his designee, is hereby authorized to assign a member of the Police
Department to perform such acts as are necessary to effectuate this Subsection.
d.
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 as permitted by Sec. 345.28(4)(d), Wis. Stats. The Police
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.
e.
This
Subsection shall not be interpreted as requiring that all unpaid citations for
non-moving traffic violations be processed through the Wisconsin Department of
Transportation Traffic Violation and Registration Program. The City's
participation in such program shall be in addition to any and all other means
legally available to enforce such citations.
State
Law Reference: Sec. 345.28,
(a part of
Section 10.1.12)
1.
On State Trunk
Highway 57 (North Green Bay Road) between West Silver Spring Drive on the south
and West Brantwood Avenue on the north thirty-five (35) miles per hour.
2.
On State Trunk
Highway 57 (
3.
On North Port
Washington Road (County Trunk Highway W), between the City limits and the City
of Glendale on the south and West Bender Road on the north thirty-five (35)
miles per hour.
4.
On North Port
Washington Road (County Trunk Highway W), between West Bender Road on the south
and West Good Hope Road on the north thirty-five (35) miles per hour.
5.
On North Port
Washington Road (County Trunk Highway W), between West Good Hope Road on the
south and West Calumet Road on the north thirty-five (35) miles per hour.
6.
On
7.
On all of West
Good Hope Road within the City of
8.
On North Jean
Nicolet Road, between the north City limits and West Bender Road, thirty-five
(35) miles per hour.
9.
On
10.
On United
States Highway Interstate 43 within the City of
11.
On West Green
Tree Road between North Green Bay Road and North Port Washington Road
twenty-five (25) miles per hour.
12.
On all of West
Bender Road within the City of Glendale twenty-five (25) miles per hour, except
from Green Bay Avenue east along West Bender Road to Jean Nicolet Road thirty
(30) miles per hour.
13.
On West Mill
Road between North Green Bay Avenue and the westerly limits of the City of
Glendale thirty (30) miles per hour.
14.
On
15.
On all of
16.
On
17.
On all of
18.
On
(a part of
Section 10.1.13(a))
1.
State Trunk
Highway 57, from
2.
3.
4.
All of
5.
All of
6.
All of
7.
(a part of
Section 10.1.13(b))
1.
All vehicles
proceeding in an easterly direction of
2.
All vehicles
proceeding in a southerly direction on
3.
All vehicles
shall stop behind the crosswalk at any other intersection where there has been
erected an official stop sign.
4.
All vehicles
proceeding in a westerly direction on
5.
All vehicles
proceeding in a northerly direction on
6.
All vehicles
proceeding in either direction on
7.
All vehicles
proceeding on
8.
All vehicles
proceeding on
9.
All vehicles
proceeding on
10.
All vehicles
proceeding on
11.
All vehicles
proceeding on
12.
All vehicles
proceeding on
13.
All vehicles
proceeding east on
14.
All vehicles
proceeding on
15.
All vehicles
proceeding on
16.
All vehicles
proceeding on
17.
All vehicles
proceeding on
18.
All vehicles
proceeding north on
19.
All vehicles
proceeding on
20.
All vehicles
proceeding on
21.
All vehicles
proceeding on
22.
All vehicles
proceeding south on
23.
All vehicles
proceeding north on
24.
All vehicles
proceeding north on
25.
All vehicles
proceeding on North Ames Terrace shall stop behind the crosswalk at the
intersection of
26.
All vehicles
proceeding on
27.
All vehicles
proceeding westerly on
28.
All vehicles
proceeding westerly on
29.
All vehicles
proceeding southerly on
30.
All vehicles
proceeding on
31.
All vehicles
proceeding northerly on
32.
All vehicles
proceeding south on
33.
All vehicles
proceeding on
34.
All vehicles
proceeding in either direction on
35.
All vehicles
proceeding in either direction on West Mall shall stop behind the crosswalk at
36.
All vehicles
proceeding on
37.
On
the east and west side of
38.
On
the east side and west side of
(a part of
Section 10.1.14)
1.
On
2.
In a
northwesterly direction, on
3.
Southeasterly
on
4.
Easterly on
5.
6.
Northerly on
7.
Southwesterly
on
8.
On
9.
Northwesterly
on
10.
On
11.
Southwesterly
on
12.
On
13.
On
14.
On
15.
On
16.
Northeasterly
on
17.
Easterly on
18.
Southerly on
North Sunset Lane at
19.
On
20.
On
21.
In an easterly
direction on
22.
In a northerly
direction on
23.
In a westerly
direction on
24.
On
25.
In a southerly
direction on
26.
In a northerly
direction on
27.
In an easterly
direction on
28.
Easterly on
29.
Southerly on
30.
On
31.
On
32.
On
33.
On
34.
In a westerly
direction on
35.
In a northerly
and southerly direction on
36.
In an easterly
and westerly direction on
37.
In a northerly
and southerly direction on
38.
In an easterly
and westerly direction on
39.
In an easterly
and westerly direction on
40.
In an easterly
and westerly direction on
41.
In a northerly
and southerly direction on North Milwaukee River Parkway at West Bender Road
and in an easterly and westerly direction on West Bender Road at North
Milwaukee River Parkway.
42.
In a southerly
direction on
43.
In a northerly
and southerly direction on North Sunset Lane at
44.
On
45.
On
46.
In a southerly
direction on
47.
In a northerly
and southerly direction on
48.
On
49.
On
50.
On North Range
Line, Frontage Road (both north and south directions) at
51.
On
52.
On
53.
On
54.
On
55.
On
56.
On
57.
On
58.
In a westerly
direction in the alley south of
59.
On
60.
On
61.
On Dexter
Avenue at North 24 Street in both a northerly and southerly direction, and on
North 24 Street at North Dexter Avenue.
62.
On
63.
On
64.
On
65.
On
66.
On
67.
On
68.
On
69.
Northeasterly
on
70.
On
71.
On
72.
On
73.
On
74.
On
75.
On
76.
On
77.
On
78.
On
79.
On
80.
On
Crestwood Boulevard north bound at its intersection with
81.
On
Crestwood Boulevard south bound at its intersection with
82.
On
83.
On
84.
On
85. On southbound
(a part of
Section 10.1.15)
1.
At
2.
At the
3.
At the West
Rochelle,
4.
At
5.
At
6.
At
7.
At North Glen
Shore Drive, vehicles proceeding easterly on
8.
At
9.
At the
10.
At the
11.
At the
12.
At the
intersection of
13.
At the
intersection of
14.
At the
intersection of
15. The west bound merge point from