Chapter 7 - Village of Rio

advertisement

CHAPTER 7

TRAFFIC CODE

7.01 State Traffic Laws Adopted

7.02 Erection of Signs and Signals

7.03 Abandoned Vehicles

7.04 Winter Parking

7.05 Bicycles, Skateboards, Scooters, Roller Blades and Roller Skates

7.06 U-Turn Prohibited

7.07 Parking Regulated

7.08 Neighborhood Electric Vehicles (NEVs)

7.10 Penalty

7.11 Enforcement

7.12 IOHs – Statutory Weight Limits

7.01 STATE TRAFFIC LAWS ADOPTED . Except as otherwise specifically provided in this chapter, the statutory provision in Chs. 340 to 348, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, and Ch. 350,

Wis. Stats., with respect to snowmobiles, inclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on the highways, streets and alleys of the

State.

7.02 ERECTION OF SIGNS AND SIGNALS .

The Street Department shall procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the State Traffic Control Devices

Manual giving such notice of the provisions of this chapter as required by State law.

7.03 ABANDONED VEHICLES .

(Rep. & repl. #62) See S 10.05 of this Municipal Code.

7.04 WINTER PARKING .

(1) DEFINITION OF SNOW EMERGENCY. A snow emergency exists in the

Village when falling snow has accumulated to a depth of one or more inches or due to wind has drifted to such depth.

(1) (2) WINTER PARKING. Except as provided in 7.07(1) no person shall leave any vehicle parked on any Village street from 11 p.m. to 6 a.m. during the months of

November through March. (Amended 11/5/07) during snowfall and 24 hours after snowfall. (Amended 2/2/15).

(2) ENFORCEMENT.

(a) The Street Commissioner Police Department shall cause the removal of any vehicle parked so as to impede snow clearance or be a hazard to moving traffic in violation of this section.

(b) The cost of towing any vehicle removed under the provisions of this section shall be assessed to the owner of such vehicle.

(c) The penalty for violation of this section shall be as provided in Sections 7.10 and 25.04.

1

TRAFFIC CODE 7.05

7.05 BICYCLES, SKATEBOARDS, SCOOTERS, ROLLER BLADES AND ICE

SKATES .

(1) On Lincoln Avenue. No person shall operate a bicycle, skateboard, scooter, roller blades or roller skates upon the sidewalks from Harvey Street north on Lincoln

Avenue to Rio Street.

(2) On Village Streets. No person over 10 years of age and/or operating a bicycle larger than 20" in frame size shall operate the bicycle upon any sidewalk in the

Village.

(3) On Tennis Courts. No person shall operate a bicycle, skateboard, scooter, roller blades, roller skates or ice skates inside the fenced area of the tennis courts in the

Firemens Park. Any other item or equipment that might damage the tennis court surface or nets is not permitted inside the fenced area of the tennis courts.

7.06 U-TURN PROHIBITED . No operator of a vehicle shall turn his vehicle in mid-block at any time so as to proceed in the opposite direction upon Lincoln

Avenue from Harvey Street north to Rio Street. Mid-block means any part of a street or highway other than an intersection.

7.07

PARKING REGULATIONS .

(1) Parking Regulated. No person shall stop or leave any vehicle standing upon any portion of Lincoln Avenue from Harvey Street to Rio Street for more than 15 minutes from 2:30 a.m. to 6 a.m. and no more than 3 hours between the hours of 6 a.m. - 8 p.m. (Amended 5/4/92) (Amended 9/5/06)

(2) Parking of Large Trucks.

(a) No person shall park any truck, bus, trailer or semi-trailer, or any combination thereof, which shall be licensed for, or which shall have a gross weight of,

10,000 pounds or more on any street or alley in the Village of Rio for longer than three (3) hours, except while such vehicle is in the actual process of loading, unloading or making a delivery, except as indicated in (b) below:

(b) Large truck, bus, trailer and semi-trailer parking is limited to Rio residents and only in designated parking spots as follows:

1.) Three spaces on the east side of Viking Circle, north of Angel Way, as indicated by signs erected in that area; and one space on the east side of the municipal parking lot which is east of the 100 block of Lincoln Avenue and is marked for a truck-size vehicle. 7.07(2)(b)(1) REPEALED 04/02/2012

2.) Parking of large truck and/or trailers shall be by permit only which shall be obtained at the Village office. The fee for such permit shall be established by the

Village Board and revised from time to time.

2

TRAFFIC CODE 7.07(3)

(3) Parking & Storing of Major Recreational Equipment

(a) Definition. For the purposes of these regulations, major recreational equipment is defined as including boats, boat trailers, race cars and trailers, all-terrain vehicles and trailers, travel trailers, pickup campers or coaches designed to be mounted on motor vehicles, motorized dwellings, recreational vehicles, trailers, including but not limited to tent trailers, horse trailers, utility trailers and cases and boxes used for transporting recreational equipment, whether or not equipment is stored in such case or box.

(b) No major recreational equipment shall be parked or stored on any R-1, R-2 or

R-3 District except as follows:

1.) Enclosed Storage. Storage of major recreational equipment shall be permitted in her enclosed building or structure.

2.) Outside storage of major recreational equipment shall be permitted if said equipment is behind a principal structure (house) or within a side or rear yard.

3.) Exceptions: a.) Such major recreational equipment may be temporarily parked or stored for a period not to exceed 48 hours. b.) Residents may apply for a permit to park one recreational vehicle in their driveway, if adverse conditions are present that make it extremely difficult to park the vehicle in the side or back yard. The permit is on a yearly basis from April 1 to November 1 the recreational vehicle must be registered and operable. The permit is granted by the Village Board. b.) Major recreational equipment parked or stored in the Village on the effective date of this Ordinance (9/4/01) may continue to be parked or stored if improvements have been made to the residential property to accommodate such parking or storage. These improvements must have an assessed value of at least $1000.00 as of the date of this Ordinance and are otherwise considered to be a permitted use by Village

Ordinances. In such event, the non-conforming parking or storing or equipment shall be permitted for a period of two years from the effective date of this Ordinance. Thereafter, after the two-year expires, such parking shall be prohibited. c.) The two-year period permitted in b.) above may be extended upon application for, and approval of, a Conditional Use permit which is given annual review.

Note: The exception outlined in b.) and c.) currently applies to only one resident, at 114 Cemetery Road, and expires if that resident moves out of that residence. amended 11-2-15

3

TRAFFIC CODE 7.07(3)©

(c) No recreational vehicle equipment shall be used for permanent living, sleeping housekeeping purposes when parked or stored in any zoning district in the Village or any location which has not been approved for such use.

(4) No motor vehicles shall remain parked on the same Village streets, avenue, alley or highway for more than 48 consecutive hours.

(5) Parking of Trailers and Other Equipment. a) The parking of trailers and other construction equipment unattached to any motor vehicle is prohibited within any street, avenue, alley or highway in the

Village of Rio. This restriction shall include any and every devise that is propelled, pulled or towed on a roadway by attachment to a motor vehicle, which any person or property may transport on a roadway, except devices used exclusively upon rails or tracks. However, trailers and other equipment in use during normal and customary periods of operation may be parked on such Village streets, avenues, alleys and highway, upon obtaining a permit from the Rio Police Department governing the length of stay, as long as proper warning devices, such as barricades, warning signs, flags or cones, are in place.

(b) The parking or placing of garbage dumpster is prohibited on any street, avenue, alley or highway in the Village of Rio unless:

 during daylight hours, cones or barricades are placed so as to provide a warning, or,

 during hours of darkness, barricades with a yellow flashing light are placed to provide a warning.

7.08 NEIGHBORHOOD ELECTRIC VEHICLES

(1) Definition. An NEV is an electric vehicle that meets the National Federal Traffic

Safety Administration’s (NHTSA) Federal Motor Vehicle Safety Standard for a

“low speed vehicle.” An NEV must have a certification label stating that the vehicle meets low speed vehicle standards which include but are not limited to the following items. An NEV :

(a) has four wheels.

(b) has a top attainable speed in 1 mile of more than 20 MPH and not more than 25

MPH on a paved level surface.

(c) has a gross vehicle weight rating of less than 3000 pounds.

(d) is self-propelled by electric power.

Note : a golf cart, or a low-speed vehicle powered other than by an electric engine, is not considered an NEV.

TRAFFIC CODE 7.08(2)

(2) Regulations. When operated on Village streets, an NEV must be:

4

(a) titled and registered through the Department of Transportation (WisDOT),

Division of Motor Vehicles (DMR).

(b) operated by a licensed driver.

(c) operated only on Village streets which have a speed limit of 35 mph or less.

(d) operated in compliance with all “rules of the road” per Wisconsin State

Statutes and Village ordinances.

7.10 PENALTY. (Am. MSC 1991) The penalty for violation of any provision of this chapter shall be a forfeiture and penalty assessment if required by WI.Stat.165.87, a jail assessment if required by WI Stat. 53.46(1), plus any applicable fees prescribed in WI Stat. Chapter 814.

(1) STATE FORFEITURE STATUTES. Any forfeiture for violation of 7.01 shall conform to the forfeiture permitted to be imposed for violation of the statutes adopted by reference, including any variations or increases for subsequent offenses.

(2) LOCAL REGULATIONS. Except as otherwise provided in this chapter, the penalty for violation of 7.02 through 7.07 of this chapter shall be as provided in

25.04 of this Municipal Code.

5

TRAFFIC CODE 7.10(3)

(3) PARKING VIOLATIONS.

Forfeiture

Minimum Maximum

346.51(1) Improper parking on/off roadway

346.52(1) Stopping/standing

Second conviction within one year

$30 in prohibited areas

Second conviction within one year

20

50

346.52(2) Stopping/standing on highway by grade school 20

50

346.53 Parking/standing where prohibited

Second conviction within one year

346.54 Improper parking/ standing of vehicle

Second conviction within one year

346.55(1) Parking on left side of highway

20

50

20

50

30

$300

40

100

40

100

40

100

40

100

300

346.55(2) Parking vehicle for sale on highway

346.55(3) Parking on posted private property

Second conviction within one year

30

20

50

300

40

100

7.11 ENFORCEMENT.

(1) ENFORCEMENT PROCEDURE. This chapter shall be enforced according to

SS 23.33, 66.12, 345.11 to 345.61 and Ch. 799, Wis. Stats. (Am MSC'91)

6

TRAFFIC CODE 7.11(2)(a)

(2) DEPOSIT.

(a) Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the Village Hall or at the office of the Clerk of Court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:

1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation and the person will be deemed to have tendered plea of no contest and submitted to a forfeiture and penalty assessment if required by S165.87, Wis. Stats., a jail assessment if required by S 53.46(1), Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis. Stats., not to exceed the amount of the deposit that the court may accept as provided in S345.37, Wis. Stats.

2. If the person fails to make a deposit for a violation of a traffic regulation or appear in court at the time fixed in the citation, the court may enter a default judgment finding the person guilty of the offense or issue a warrant for his arrest.

(b) The amount of the deposit shall be determined in accordance with the deposit schedule established by the Wisconsin Judicial Conference and shall include the penalty assessment under S 165.87, Wis. Stats., a jail assessment if required by S

53.46(1), Wis. Stats., and court costs. If a deposit has not been established, the arresting officer shall require the alleged offender to deposit the forfeiture established by the Chief of Police, which shall include the penalty assessment established under S 165.87, Wis. Stats. Deposits for nonmoving violations shall not include the penalty assessment.

(c) The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by S 345.26(3), Wis. Stats.

(3) PETITION TO REOPEN JUDGMENT. Whenever a person has been convicted in this State on the basis of a forfeiture of deposit or plea of guilty or no contest and the person was not informed as required under S 345.27(1) and (2), Wis. Stats., the person may, within 60 days after being notified of the revocation or suspension of the operating privilege, petition the court to reopen the judgment and grant him an opportunity to defend on merits. If the court finds that the petitioner was not informed as required under S 345.27(1) and (2), the court shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege.

7

7.12 Ordinance to Opt-In for Category B—IOHs to Comply with the Table of Statutory

Weight Limits under Sec. 348.15 (3)(g)

Whereas, 2013 Wis. Act 377 under Sec. 348.15 (9) (f) 1. provides that there is no weight limitation per wheel, axle, or group of axles for Category B implements of husbandry as defined in Sec. 340.01 (24) (a)1.b., but does apply gross vehicle weight limitations to these vehicles, and

Whereas, Wis. Stat. § 348.15(9)(f)1. authorizes the municipality or county to require compliance with axle weight limitations established under Sec. 348.15 (3)(g) for Category B implements of husbandry defined in Sec. 340.01(24)(a)1.b. on all highways under its jurisdiction,

Now, therefore, BE IT HEREBY ORDAINED by the Village Board of Rio, of Columbia

County, that pursuant to Sec. 348.15 (9) (f) of Wis. Statutes, all implements of husbandry

(including Category B implements of husbandry defined in Sec. 340.01 (24) (a) 1.b.) may not exceed the weight limits imposed by Chapter 348.15 (3) (g) of Wis. Statutes.

Further, BE IT HEREBY ORDAINED that to exceed the length and/or weight limitations on highways under this jurisdiction a no-fee permit may be applied for from the municipal jurisdiction.

Further, BE IT HEREBY ORDAINED that pursuant to Sec. 348.27 (19)(b) 4m.a. in the event an application for a no-fee permit is made for a Category B implement of husbandry as defined in Sec. 340.01 (24)(a)1.b., the municipal jurisdiction or county is required to provide an approved alternate route, which may include highways that are not under this jurisdiction if prior approval has been given by the jurisdiction over the alternate routes not under this entity’s jurisdiction for operation of Category B implements of husbandry as defined in Sec. 340.01

(24) (a) 1. b.

Further, BE IT HEREBY ORDAINED that this ordinance shall be in effect for the calendar year of 2016.

Further, BE IT HEREBY ORDAINED that this ordinance shall remain in effect until rescinded by further action of the board.

Further, BE IT HEREBY ORDAINED that a copy of this ordinance shall be provided to the

Wisconsin Department of Transportation to be posted on the state DOT website.

8

Download