9.01 (1) TITLE/PURPOSE. This ordinance is entitled the Town of Willard Traffic Ordinance. The purpose of this ordinance is to adopt traffic regulations for the Town of Willard.
9.01 (2) AUTHORITY. AUTHORITY The town board has the specific authority under 66.0119, 66.0435, 101.645, and 101.935, Wisconsin Statutes., and the town's village powers under 60.22, Wisconsin Statutes., to adopt and enforce this ordinance. To regulate, control, prevent and enforce against in the Town of Willard certain uses, activities, businesses and operations by persons that may affect the traffic in the Town.
9.01 (3) ADOPTION OF ORDINANCE. The Town Board has, by adoption of this ordinance, confirmed the specific statutory authority, powers and duties noted in the specific sections of this ordinance and has established, by these sections and this ordinance, the regulations, controls and enforcement against certain uses, activities, businesses and operations by persons that may affect the traffic in the Town of Willard.
9.01 (4) STATE TRAFFIC LAWS ADOPTED. Except as otherwise specifically provided in this Code, the statutory provisions in Chapters 340 to 348, Wisconsin Statues, 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 but including any penalties to be imposed and procedure for prosecution are hereby adopted and by reference made a part of this Code as if fully set forth herein. Any act required to be performed or prohibited by any regulation incorporated herein by reference is required or prohibited by this Code. Any future amendments, revisions, or modifications of the statutory regulations in Chapters 340 to 348, Wisconsin Statues incorporated herein are intended to be made part of this Code in order to secure to the extent legally practicable uniform statewide regulation of vehicle traffic on the highways, streets and alleys of the State of Wisconsin.
9.01 (5) OFFICIAL TRAFFIC MAP AND CONTROL DEVICES: PROHIBITED SIGNS, SIGNALS, AND MARKERS
9.01 (5) (A) Duty To Erect And Install Uniform Traffic Control Devices Whenever traffic regulations created by this Code, including a State of Wisconsin traffic regulation adopted by reference in Section 9.01 (4), require the erection of traffic control devices for enforcement, the Town Board or their designee, 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 Town Board will carry out the purposes of this Code and give adequate warning to users of the streets and highways of the Town of Willard. The Town Board may delegate Town crew members to assist them in carrying out the duties imposed upon him by this Section.
9.01 (5) (B) Reserved for future use
9.01 (5) (C) Reserved for future use
9.01 (5) (D) Prohibited Signs and Markers in Highways. No person, other than an officer authorized by this Code 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 Town of Willard any sign, signal, marker, mark or monument unless permission is first obtained from the Town Board. Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal as provided in subsection 9.01 (5) (E)
9.01 (5) (E) Removal of Unofficial Signs, Markers, Signals, and Traffic Control Devices. The Town Board or its designee may remove any sign, signal, marking or other device which is placed, maintained or displayed in violation of this Code 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 Town 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 15th shall be placed upon the tax roll for collection as other special municipal taxes.
9.01 (6) SPEED LIMITS. The Town Board hereby determines that the statutory speed limits on the following streets or portions thereof are unreasonable, unsafe and imprudent and modifies such speed limits as follows:
9.01 (6) (A) Areas Determined to be Densely Populated. Pursuant to Section 346.57(4) (j), Wisconsin Statutes, the Town Board determines that the following areas are determined to be so populated as to require reduction to 35 mph speed zones:
9.01 (6) (B) Areas Determined to be Densely Populated and Requiring Further Reduction to 25 mph. Pursuant to Section 346.57(4) (g) & (j), Wisconsin Statutes, the Town Board determines that the following areas meet the requirements of 346.57(4) (g) & (j) and further determine, pursuant to Sections 346.57(5) and 349.11 (3) (c), Wisconsin Statutes, that the following areas should be 25 mph speed zones:
9.01(6) (C) Areas Determined to Require Reduction of Speed Limit (up to 10 mph) pursuant to Sections 349.11(1) and (2), Wisconsin Statutes. The Town Board determines that in the following areas conditions exist to require reduction to 45 mph speed zones:
9.01 (7) THROUGH HIGHWAYS AND CONTROLLED INTERSECTIONS
9.01 (7) (A) Through Highways Designated. In the interest of public safety and pursuant to authority granted by Wisconsin law, the following highways or portions thereof are declared to be through highways:
9.01 (7) (B) Controlled Intersections Designated. In the interest of public safety, the following intersections are declared controlled intersections and traffic control signals shall be installed thereon in conformity with the Wisconsin Official Traffic Control Device Manual and the provisions of this Code:
9.01 (7) (C) Designation of Location of Stop Signs. In the interests of public safety, stop signs shall be installed at the locations set forth on Appendix S to control traffic on the highways over which the Town of Willard has exclusive jurisdiction. The location of signs may be changed or altered by Resolution from time to time.
9.01 (7) (D) Yield Signs to be Erected, The Town Board or its designee is authorized to erect yield right-of-way signs conforming to the Wisconsin Official Traffic Control Device Manual at the Locations Listed in Appendix S following intersections on highways in the exclusive jurisdiction of the Town of Willard provided that if the intersected highway is part of a through highway designated under subparagraph 9.01 (7) (A), the provisions of Section 349.07(7) (a), Wisconsin Statutes, apply:
9.01 (7) (E) 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 section and subsec1ion 9.01 (5) of this Code shall obey the direction of such Official Traffic Control Device as required by the Wisconsin Statutes incorporated by reference in subsection 9.01 (4) of this code. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by Section 346.46, Wisconsin Statutes. Operators approaching intersections at which a yield sign has been installed shall yield the right-of-way to other vehicles as required by Section 346.18(6), Wisconsin Statutes.
9.01 (8) ONE WAY HIGHWAYS, SAFETY ZONES, SAFETY ISLANDS, TURNS AND LANES
9.01 (8) (A) One Way Highways. The following highways or portions thereof maintained by the Town of Willard are hereby designated one-way highways and no person shall drive or operate a vehicle on any such highway or portion thereof except in the one direction designated below: See Appendix S
9.01 (8) (B) Safety Zones and Islands. The Town of Willard is directed to designate and mark safety zones and safety islands and cause to be constructed in accordance with the Wisconsin Uniform Traffic Control Device Manual:
9.01 (8) (B) (1) Safety Zones. Safety Zones shall be provided in the following locations: See Appendix S
9.01 (8) (B) (2) Safety Islands. Safety islands shall be provided in the following locations:See Appendix S
9.01 (8) (B) (3) Driving over Safety Zones or Islands Prohibited. Whenever safety zones or safety islands are marked in accordance with the Wisconsin Uniform Traffic Control Device Manual, no operator of a vehicle shall at any time drive through or over the safety zone or safety island.
9.01 (8) (C) Turns Prohibited
9.01 (8) (C) (1) Right Turns Prohibited.
No operator of any vehicle shall make a right turn at any of the following locations: See Appendix S
9.01 (8) (C) (2) Left Turns Prohibited.
No operator of any vehicle shall make a left turn at any of the following locations: See Appendix S
9.01 (8) (C) (3) Right Turn on Red Signal Prohibited.
No operator of any vehicle shall make a right turn on a red signal at the following locations: See Appendix S
9.01 (8) (C) (4) Left Turn on Red Signal Prohibited.
No operator of any vehicle shall make a left turn on a red signal at the following locations: See Appendix S
9.01 (8) (C) (5) U-turns Prohibited.
U-turns are prohibited at the following locations: See Appendix S
9.01 (8) (D) Miscellaneous Lane and Turn Controls.
The Town Constable or Person Designated by The Town Board is authorized, when in his or her judgment the safety of the situation requires, to place Official Traffic Control Device within or adjacent to intersections directing that a different course from that specified in Section 346.31, Wisconsin Statutes, be traveled by vehicles turning at the intersection and to mark lanes for traffic designating separate lanes for slow moving traffic or for traffic moving in a particular direction.
9.01 (9) NO PASSING ZONES
9.01 (9) (A) Designated No passing zones shall be marked with unbroken yellow lines and/or signs indicating the beginning and end of such zones on the following highways within the jurisdiction of the Town of Willard in accordance with standards and procedures adopted by the Wisconsin Department of Transportation:
9.01 (9) (A) (1) State Trunk Highways and County Highways
9.01 (9) (A) (1) (a) All locations established and marked by the Wisconsin Department of Transportation.
9.01 (9) (A) (2)Highways within the Jurisdiction of the Town of Willard
9.01 (9) (B) Passing Prohibited
When no passing zone markers or signs giving notice thereof are erected or placed on the pavement as provided in this Section, including applicable State and County designated areas, no person shall operate a vehicle so as to overtake or pass another vehicle or drive to the left of the center of the roadway in designated no-passing zones.
9.01 (10) WEIGHT LIMITS AND HEAVY TRAFFIC ROUTES
9.01 (10) (A) Streets Designated Class "B" Highways
Highways within the Town of Willard, Wisconsin, designated Class "B" highways subject to the weight limitations imposed on Class "B" highways by the Wisconsin Statutes adopted by reference in Section 9.01 (4) of this Code are as follows: See Appendix S
9.01 (10) (B) Special and Seasonal Weight Limitations.
The Town Board shall have the authority to impose special or seasonal weight limits on any highway, bridge or culvert maintained by the Town 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 provisions of Section 9.01 (5) of this Code and as authorized by Section 349.16, Wisconsin Statutes. Current resolution on policies for seasonal weight limits are set forth in Appendix J.
9.01 (11) SPECIAL PARKING REGULATIONS
9.01 (11) (A) Parking Prohibited at All Times. Except temporarily for the purposes 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, upon any of the following highways or parts of highways:
9.01 (11) (B) Parking Prohibited During Certain Periods. No person shall park or leave standing any vehicle upon any of the following highways or parts of highways at the time indicated, except temporarily for the purpose of and while actually engaged in receiving or discharging passengers:
9.01 (11) (C) Parking, Stopping, or Standing Prohibited. No person shall park, stop or leave standing any vehicle, for any purpose, upon the following highways or parts of highways at any time between:
9.01 (11) (D) No Parking Except for Authorized Vehicles. Except as herein permitted, no person shall park, stop or leave standing any vehicle in the following places unless authorized by permit issued by the Town Board or by an Official Traffic Control Sign:
9.01 (11) (E) Limited Time Parking.When official traffic control devices or parking meters are erected in any block giving notice thereof, no person shall park, stop or leave standing any vehicle, whether attended or unattended, for more than the following time periods between the hours of 7:00a.m. And 6:00p.m. On any day except Sundays and holidays on any of the following highways or parts set forth in Appendix J
9.01 (11) (F) Miscellaneous Parking Restrictions
9.01 (11) (F) (1) Street Maintenance. Whenever it is necessary to clear or repair a Town of Willard roadway or any part thereof, the Town shall post such highways or parts thereof with signs indicating "No Parking Road Maintenance Work". Such signs shall be erected at least two (2) hours prior to the time that road maintenance work is to be commenced. No person shall park a motor vehicle in violation of such signs.
9.01 (11) (F) (2) 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 upon which such driveway is located, whether or not such driveway is posted to limit or restrict parking.
9.01 (11) (F) (3) Night Parking Restrictions. When signs have been erected at or reasonably near the limits of the unincorporated Town of Willard, as provided in Section 349.13, Wisconsin Statutes, no person shall park any vehicle between the hours of 2:00 a.m. and 6:00a.m. from November 1 through April 30.
9.01 (11) (F) (4) Parking Reserved for Vehicles of Disabled.When official traffic signs, indicating such restrictions have been erected in accordance with Section 9.01 (5) of this ordinance, 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.
9.01 (11) (F) (5) Parking Heavy Vehicles in Residential Districts.
The operator of a motor truck, truck-trailer, truck-tractor, semi-trailer or any other vehicle or combination of vehicles weighing more than twelve thousand (12,000) pounds shall not park such vehicle (except for temporary time as is reasonably necessary to facilitate the loading and unloading of such vehicle) on any street or avenues located in a residential district of the Town of Willard:
9.01 (11) (G) Unlawful Removal of Parking Citations No person, other than the owner or operator thereof, shall remove a Town of Willard parking violation notice from a motor vehicle.
9.01 (11) (H) Removal of Illegally Parked Vehicles
9.01 (11) (H) (1) Hazard to Public Safety. Any vehicle parked, stopped or standing upon a highway in violation of any of the provisions of this section or, section 9.01 (4) of this Code is declared to be a hazard to traffic and public safety.
9.01 (11) (H) (2) Removal by Operator. Such vehicle shall be removed by the operator in charge, upon request of any traffic officer, to a position where parking is permitted or to a private or public parking or storage premises.
9.01 (11) (H) (3) Removal by Traffic Officer. Any traffic officer after issuing a citation for illegal parking, stopping, or standing of an unattended vehicle in violation of this Code, is authorized to remove such vehicle to a position where parking is permitted.
9.01 (11) (H) (4) Removal by Private Service. The officer may order a motor carrier holding a permit to perform vehicle towing services, a licensed motor vehicle salvage dealer, or a licensed motor vehicle dealer 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.
9.01 (11) (H) (5) Towing and Storage Charges. In addition to other penalties provided by Section 9.01 (13) of this Code, the owner or operator of a vehicle so removed shall pay reasonable cost of moving, towing and storage. If the vehicle is moved or towed by the Police Department or their designee, a charge of $50.00 plus $2.00 per mile shall be paid for moving or towing. 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 charges.
9.01 (11) (H) (6) Refund of Towing or Storage Charges. Any person charged with a parking violation whose vehicle has been towed or stored in connection with such charge and who is subsequently adjudged not guilty of such violation shall be allowed a refund of any towing and storage charges paid upon filing with the Town Clerk a certified copy of the judgment and a receipt showing payment of such charges.
9.01 (11) (I) Registration Record of Vehicle as Evidence. When any vehicle is found upon a street or highway in violation of any provision of this Code 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 Section and Section 9.01 (4) of this Code and shall be subject to the applicable forfeiture penalty; provided the defenses defined and described in Section 346.485(5)(b), Wisconsin Statutes, shall be a defense for an owner charged with such violation.
9.01 (12) ABANDONED VEHICLES
9.01 (12) (A) Abandonment of Vehicles Prohibited. No person shall abandon any vehicle unattended within the Town of Willard for such time and under such circumstances as to cause the vehicle to reasonably appear to be abandoned.
9.01 (12) (B) Definition. As used in this Section, "vehicle" means a motor vehicle, trailer, semi-trailer, or mobile home as defined in Section 9.01 (4) of this Code, whether or not vehicle is registered under Chapter 541, Wisconsin Statutes.
9.01 (12) (C) Presumption of Abandonment. Any vehicle left unattended for more than 48 hours on any public street or grounds, or on private property where parking is prohibited, limited, or restricted, without the permission of the owner or lessee, is deemed abandoned and constitutes a public nuisance; provided that the vehicle shall not be deemed abandoned under this Section if left unattended on private property out of public view, by permission of the owner or lessee.
9.01 (12) (D) Exceptions. This Section shall not apply to a vehicle in an enclosed building, a vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the Town of Willard, or a vehicle parked in a metered or paid lot or parking space where the required fee has been paid and meter activated.
9.01 (12) (E) Removal and Impoundment or Sale. Any vehicle found abandoned in violation of this ordinance shall be impounded by the Town Constable or Person Designated by The Town Board until lawfully claimed or disposed of as provided in this Section. If the Town Constable or his duly authorized representative determines that towing costs and storage charges for the minimum impoundment period, see subsection 9.01 (11) (H) (5), would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment period upon determination by the Town Constable or Person Designated by The Town Board that the vehicle is not wanted for evidence or any other reason; provided that vehicles in excess of 19 model years of age shall be sold or disposed of only by auction, sale or sealed bid in accordance with subsection 9.01 (12) (G) of this Section.
9.01 (12) (F) Minimum Impoundment Period. The minimum period of impoundment or storage of a vehicle found in violation of this Section shall be ten (10) days.
9.01 (12) (G) Notice to Owner. The Town Constable or Person Designated by The Town Board removing or causing the removal of any vehicle found in violation of this Section shall immediately notify the Town Board of the abandonment and location of the impounded vehicle, and shall within ten (10) days thereafter, notify the owner and lienholders of record by certified mail of the impoundment and of their right to reclaim the vehicle. The notice shall set forth the information contained in Section 342.40(3), Wisconsin Statutes, and shall state that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle shall be deemed a waiver of all right, title, and interest in the vehicle and a consent to sale of the vehicle.
9.01 (12) (H) Sale. Each retained vehicle not reclaimed by the owner or lienholder may be disposed of by sealed bid or auction sale as provided in Section 342.40(3), Wisconsin Statutes.
9.01 (12) (I) Sale to Bar Claims Against Vehicle. The sale of a motor vehicle under the provisions of this Section shall forever bar all prior claims thereto and interest therein except as hereinafter provided.
9.01 (12) (J) Purchaser to Remove Vehicle. The purchaser of any vehicle on sealed bid or auction sale under Section 9.01 (12) (F) shall have ten (10) days to remove the vehicle from the storage area upon payment of a storage of Ten Dollars ($10.00) for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten (10) days after the sale, the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be again sold.
9.01 (12) (K) Request for List. Any listing of vehicles to be sold pursuant to this Section shall be made available by the Town Clerk to any interested person or organization who makes a written request therefore for a fee of One Dollar ( $1.00).
9.01 (12) (l) Notice to Department. Within five (5) days after sale or disposition of a vehicle under this Section, the Clerk shall advise the Wisconsin Department of Transportation of such sale or disposition on a form supplied by that Department.
9.01 (12) (M) Owner May File. At any time within two (2) years after the sale of a motor vehicle as provided herein, any person claiming ownership of such motor vehicle or a financial interest therein may present a claim to the Town Board setting forth such facts as are necessary to establish such ownership or interest, and that the failure of the claimant to reclaim the vehicle prior to sale was not the result of the neglect or fault of claimant. If the Town Board is satisfied as to the justice of such claim, it may allow the same, but in no case shall the amount allowed exceed the sum paid into the Municipal Treasury as the result of the sale of such motor vehicle, nor the amount of interest of the claimant therein.
9.01(12) (N) Exemption
9.01 (12) (N) (1) Any owner or person operating a registered vehicle which shall become disabled or inoperative for any reason, and who shall be unable to cause removal of such vehicle from any alley, street, highway, or public place, not otherwise regulated as a restricted parking, stopping, or standing zone, shall, within twelve (12) hours of such occurrence, notify the Town Constable or Person Designated by The Town Board of the location of the vehicle and shall transfer and deliver clear title for said vehicle to the Town together with a fee of Ten Dollars ($100.00) to offset the cost of towing and junking charges and shall be exempt from the provisions of this ordinance.
9.01 (12) (N) (2) When so requested by the owner or person in charge of a vehicle, the Town Constable or Person Designated by The Town Board shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the Town crew or contractor engaged by the Town for towing of disabled vehicles. The provisions of subsection 9.01 (12) (J) shall apply to any vehicle removed under this subsection.
9.01 (13) PENALTIES
9.01 (13) (A) Forfeiture Penalty. The penalty for violation of any provision of this Code shall be a forfeiture as hereinafter provided, together with court costs and fees prescribed by Sections 814.63(1) and (2) or 814.65(1) (if in a Municipal Court), Wisconsin Statutes, any applicable penalty assessments for moving traffic violations, including driver improvement surcharge imposed by Section 346.655, Wisconsin Statutes, said assessment or other applicable penalty, assessment imposed by statute, 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 sixty (60) days. Any person eighteen (18) years of age or older who shall fail to pay the amount of the forfeiture, court costs, any penalty assessment or driver surcharge or other penalty imposed for violation of any provision of this Code may, upon order of the court entering judgment therefor and having jurisdiction of the case, be imprisoned until such forfeiture costs and assessments are paid, but not exceeding ninety (90) days.
9.01 (13) (B) Other Sanctions
9.01 (13) (B) (1) By Court. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authority granted by the Wisconsin Statutes including authority 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.
9.01 (13) (B) (2) By Municipality. No person who has been convicted of a violation of any provision of this Code shall be issued a license or permit by the Town of Willard 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.
9.01 (13) (C) Forfeitures for Violation of Moving Traffic Regulations
Forfeitures for violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in Section 9.01 (4) of this shall conform to the forfeiture penalty permitted to imposed for violations of the comparable Wisconsin Statutes, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not be construed to permit prosecution under this Code for any offense described in Chapters 341 to 348, Wisconsin Statutes, for which an imprisonment penalty or fine may be imposed upon the defendant.
9.01 (13) (D) Forfeitures for Parking Violations
9.01 (13) (D) (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 9.01 (4) of this Code as described in Chapters 341 to 348, Wisconsin Statutes, shall be as provided for in the comparable State nonmoving traffic violation. The Revised Uniform State Traffic Deposit Schedule shall apply to all offenses as to which a statutory contingent exists to define deposits for forfeitures.
9.01 (13) (D) (2) Penalty for Other Parking Violations. The penalty for all other parking violations not included under subparagraph 9.01 (13) (D) (1) shall be a forfeiture of not less than Twenty Dollars ($20.00) nor more than One Hundred Dollars ($100.00). As to such parking violations, the Deposit Schedule adopted by the Town Board shall apply.
9.01 (13) (E) Other Violations. Any person who shall violate any provision of this Traffic Code for which a penalty is not otherwise established by this Section shall be subject to a forfeiture of not less than Twenty Dollars ($20.00) nor more than One Hundred Dollars ($100.00).
9.01 (14) ENFORCEMENT. This ordinance shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this Section.
9.01 (14) (A) Applicable Court Procedures. Except as otherwise specifically provided by the laws of the State of Wisconsin or the provisions of this Code, the traffic regulations in this Code shall be enforced in the Circuit Court for Rusk County in accordance with the applicable provisions of Chapters 345 and 799, Wisconsin Statutes.
9.01 (14) (B) Citations
9.01 (14) (B) (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 code except those provisions which describe or define nonmoving traffic violations and violations of Sections 346.71 through 346.73, Wisconsin Statutes. Violations of Sections 346.7 through 346.73, Wisconsin Statutes, 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.
9.01 (14) (B) (2) Parking Citations. The Town Constable or Person Designated by The Town Board shall recommend a citation for use in enforcing the nonmoving traffic offenses in this Code. When approved by the Town Board, such citation shall be used for enforcement of non-moving traffic regulations created or adopted by this Code, including violations of nonmoving traffic regulations defined and described in the Wisconsin Statutes, adopted by reference in Section 9.01 (4) and all provisions of Sections 9.01 (11) and 9.01 (12) of this Code. The citation for nonmoving traffic violations shall contain a notice that the person cited may discharge the forfeiture for violation of a nonmoving traffic regulations and penalty thereof by complying with subsection 9.01 (C) (2) of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees of the Township.
9.01 (14) (C) Deposits and Stipulations
9.01 (14) (C) (1) Moving Traffic Offenses
9.01 (14) (C) (1) (a) Who May Make. Persons arrested or cited for violation of moving traffic offenses created by this Code shall be permitted to make deposits and stipulations of no contest or be released by the arresting officer in accordance with the applicable provisions of the Wisconsin Statutes.
9.01 (14) (C) (1) (b) Delivery or Mailing of Deposit and Stipulation. The deposit and stipulation shall be delivered personally by the person cited or mailed to the Willard Town Hall
9.01 (14) (C) (1) (c) 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 a copy of the receipt within five (5) days to the Clerk of Court.
9.01 (14) (C) (2) Nonmoving Traffic Offenses
9.01 (14) (C) (2) (a) Direct Payment of Penalty permitted. Persons cited for violation of nonmoving traffic offenses described and defined in this Code may discharge the penalty thereof and avoid court prosecution by forwarding within ten (10) days of the issuance of the citation to the Town Constable or Person Designated by The Town Board the minimum penalty specified for the violation. When payment is made as provided in this paragraph, no Court costs shall be charged.
9.01 (14) (C) (2) (b) Court Prosecution. If the alleged violator does not deliver or mail a deposit as provided in subparagraph 9.01 (14) (C) (2) (a), within ten (10) days of the date of the citation, the Town Constable or Person Designated by The Town Board may proceed in accordance with Section 345.28, Wisconsin Statutes.
9.01 (14) (C) (2) (c) Deposits Returned to Treasurer Officers receiving deposits for nonmoving traffic violations under this subsection shall pay over such deposits to the municipal Treasurer within seven (7) days of receipt. Such payment shall be accompanied by an itemized statement for each deposit of the offense charged and the name of the depositor.
9.01 (15) REFERENCES TO WISCONSIN STATUTES
9.01 (15) (A) Statutes Specifically Incorporated by Reference. Whenever this Code incorporates by reference specific sections of the Wisconsin Statutes, such references shall mean the Current Wisconsin Statutes
9.01 (15) (B) General References. General references in this Code to Wisconsin statutory sections or chapters describing or defining procedures or authority for enactment or enforcement of local traffic regulations shall be deemed to refer to the most recent enactments of the Wisconsin Legislature describing or defining such procedures or authorities.
9.01 (16) SEVERABILITY The provisions of this Code shall be deemed severable, and it is expressly declared that the Town Board would have passed the other provisions of this Code irrespective of whether or not one or more provisions may be declared invalid, and if any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of the Code and the application of such provisions to other persons or circumstances shall not be affected thereby.
9.01 (17) EFFECTIVE DATE This Code shall take effect and be in force upon passage and publication as provided by law.
9.01 (18) STATE ADMINISTRATIVE CODE PROVISIONS ADOPTED
9.01(18) (A) Administrative Regulations Adopted. The following administrative rules and regulations adopted by the Secretary of the Wisconsin Department of Transportation and published in the Wisconsin Administrative Code, exclusive of any provisions therein relating to the penalties to be imposed, are hereby adopted by reference and made part of this Code as if fully set forth herein.
Wisconsin Administrative Code - Trans 146: Vehicle Registration and Fuel Trip Permits (Penalties of Wisconsin Statutes. apply)
Wisconsin Administrative Code - Trans 302: Vehicle Marking
Wisconsin Administrative Code - Trans 305: Standards for Vehicle Equipment
Wisconsin Administrative Code - Trans 326: Motor Carrier Safety Requirements for Transportation of Hazardous Materials.
Wisconsin Administrative Code - Trans 328: Motor Carrier Safety Requirements for Transportation of Intrastate Hazardous Materials.
Wisconsin Administrative Code- Trans 300: Transportation of School Children
Wisconsin Administrative Code - Trans 304: Slow Moving Vehicle Emblem
9.01 (18) (B) Non-Compliance Prohibited. No person shall operate or allow to be operated on any highway, street or alley within the Town of Willard, a vehicle that is not in conformity with the requirements of subparagraph 9.01 (18) (A) or the provisions of Wisconsin Statutes Section 110.075 and Chapter 374, incorporated by reference in Section 9.01 (4) of this Code.
9.01 (18) (B) (1) The exception to this is snowmobiles when allowed on areas designated by the Town Board.
9.01 (18) (C) Owner's Liability. Any owner of a vehicle not equipped as required by this section who knowingly causes or permits such vehicle to be operated on a highway in violation of this section is guilty of the violation the same as if he or she had operated the vehicle. The provisions of Section 347.04, Wisconsin Statutes, relating to non-applicability of demerit points shall apply to owners convicted of violation of this Section.
9.01 (18) (D) Safety Checks
9.01 (18) (D) (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.
9.01 (18) (D) (2) Authority of Officer Any law enforcement officer of the Town of Willard 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.
9.01 (18) (D) (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 Section 110.075(5), Wisconsin Statutes, 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.
9.01 (18) (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 Section 9.01 (18) (C) of this Code, together with any applicable penalty assessments and surcharges.
9.01 (19) DISPLAY OF POWER PROHIBITED 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.
9.01 (20) SCHOOL BUS WARNING LIGHTS. Notwithstanding the provisions of Section 346.48(2) (b) 2., Wisconsin Statutes, adopted by reference in Section 9.01 (4) of this Code 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 crosswalks or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded.
9.01 (21) OTHER VIOLATIONS. Any person who shall violate any provision of this Code for which a penalty is not established by other subdivisions of this section or other provisions, shall be subject to a forfeiture of not less than Twenty Dollars ($20.00) nor more than One Hundred Dollars ($100.00)
9.01 (22) ENFORCEMENT. The Town of Willard establishes, by this ordinance that the enforcement of traffic ordinances in the Town of Willard will be in accordance with Sections 66.12 and 345.20 through 345.53 Wisconsin Statutes. Stipulations shall conform to the form contained in the uniform traffic citations. Stipulations and deposits may be accepted by the Town Clerk or the Town Constable of the Town of Willard. Deposits shall be made in conformance with the Revised Uniform State Traffic Deposit Schedule. If a particular deposit is not established by this statute, then the person shall deposit a forfeiture penalty as provided by the Town of Willard and approved by the Town Board.
ORDINANCE # C9 Adopted this 8th day of August, 2018