CITY OF MUSKEGO CHAPTER 7 - TRAFFIC CODE

CITY OF MUSKEGO CHAPTER 7 - TRAFFIC CODE 7.01 STATE TRAFFIC LAWS ADOPTED. (Ord. #890-05-02-96)... 1 7.02 SPEED LIMITS... 1 7.03 ADDITIONAL RULES OF THE ROAD - STRICTER PROVISIONS TO APPLY... 1 7.04 PARKING RESTRICTIONS (Ord. #865-4-6-95)... 1 7.042 KEYS IN MOTORCYCLES AND AUTOMOBILES (Cr #98)... 2 7.05 WEIGHT LIMITATIONS... 2 7.06 ERECTION OF SIGNS AND SIGNALS... 3 7.07 RECORD OF REGULATIONS... 3 7.08 EMERGENCY TRAFFIC REGULATIONS... 3 7.09 PENALTIES... 3 7.10 ENFORCEMENT... 4 7.11 VEHICLE ABANDONMENT PROHIBITED... 4 7.12 SNOW EMERGENCIES (Cr. Ord. 119)... 6 7.13 BICYCLES (Cr. Ord. 128-A)... 7 7.14 ACCELERATING VEHICLES (Cr. #154)... 8 7.15 FLASHING LIGHTS: SCHOOL BUSES (Cr. #191)... 8 7.16 COMPRESSION BRAKING PROHIBITED (Ord. #1177-08-05-2004)... 8

CITY OF MUSKEGO CHAPTER 7 - TRAFFIC CODE 7.01 STATE TRAFFIC LAWS ADOPTED. (Ord. #890-05-02-96) Except as otherwise specifically provided in this Code, the current and future statutory provisions of Section 110.075 and Chapters 340 to 348, Wisconsin Statutes, and Trans 305 of the Wisconsin Administrative Code describing and defining regulations with respect to vehicles and traffic, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a term of imprisonment, are 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 current or future statute incorporated herein by reference is required or prohibited by this Section. Any future additions, amendments, revisions or modification of the current or future statutes incorporated herein or of Trans 305 of the Wisconsin Administrative Code are intended to be made part of this Code in order to secure uniform statewide regulation of traffic on the highways, streets, and alleys of the State. 7.02 SPEED LIMITS (1) State Statutes Adopted. Sec. 348.57, 346.58 and 346.59 Wis. Stats. relating to the minimum and maximum speed of vehicles, are adopted as part of this section, except as provided in sub. (2). (2) Increased Speed Limits. Wherever the Council shall, pursuant to Sec. 349(11)(c). Wis. Stats., establish an increased speed limit on streets in outlying districts such increased speed shall be the speed limit on such streets, and no person shall drive a vehicle in excess of the limit prescribed. 7.03 ADDITIONAL RULES OF THE ROAD - STRICTER PROVISIONS TO APPLY In addition to the rules established by the Wisconsin Statutes and incorporated by reference in Sec. 7.01 and 7.02, the following rules shall apply and in case of any conflict between the Statutes and these provisions, the stricter rule shall apply. 7.04 PARKING RESTRICTIONS (Ord. #865-4-6-95) (1) Fire Lanes. No person shall park, stop or leave standing any vehicle whether attended or unattended at any time within a fire lane which shall be so designated by appropriate sign or other marking. (2) All Night Parking. No person, partnership, corporation, or other legal entity shall park or cause to be parked any vehicle of any kind or description on any public street or highway in the City of Muskego between the hours of 3:00 A.M. and 7:00 A.M. commencing December 1 and ending on April 1 of any year unless temporarily authorized by the Police Department. No person, partnership, corporation or other legal entity shall park or cause to be parked any vehicle of any kind or description weighing 10,000 lbs. or more on any public street or highway in the City of Muskego between the hours of 3:00 A.M. and

7:00 A.M. during any period of the year unless temporarily authorized by the Police Department. 7.042 KEYS IN MOTORCYCLES AND AUTOMOBILES (Cr #98) No person shall leave standing on any street, alley or public property, any unattended motorcycle or automobiles with the keys left in the ignition or with the ignition in an unlocked position whereby the vehicle could be started by turning the switch. 7.045 OPERATION OF MOTOR VEHICLES ON PREMISES HELD OUT TO THE PUBLIC FOR THE USE OF THEIR VEHICLES (1) This section shall apply to all premises held out to the public for use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. This section shall not apply to any street or highway. (2) No person shall operate a motor vehicle on such premises: (c) (d) (e) (f) At a speed in excess of 20 miles per hour. Outside of driving lanes indicated by painted lines. Across parking stalls indicated by painted lines. This section shall not prohibit entering and occupying a parking stall, nor exiting the same, if the operator properly remains within the painted lines. In a manner commonly known as "spinning doughnuts", wherein the vehicle is driven rapidly in a tight radius. The wrong way in a driving lane, where such wrong way is indicated by painted arrow, or by the entry angle of adjoining parking stalls. Without stopping for a stop sign posted on such premises. The stop required hereunder shall be complete, and of sufficient duration to allow adequate observation of the possible approach of other vehicles or pedestrians, before proceeding with safety. A rolling stop or a momentary stop shall not comply with the provisions hereof. (g) Failure to comply with any official traffic sign is prohibited. Ord. #500; 8-28-84 7.05 WEIGHT LIMITATIONS (1) Pursuant to Section 349.17(1), Wisconsin Statutes, motor vehicles having a combined vehicle load weight of 10,000 pounds or greater may not be operated on any street or alley in the City except: (Ord. #732-1-14-92) (c) On State Trunk Highways; On County Trunk Highways; If the vehicle is a motor bus; 2

(d) (e) (f) (g) If the street has been designated as a heavy traffic route When the operation of the vehicle is in conjunction with a pickup or delivery, provided the gross weight of said vehicle does not exceed 16,500 pounds per axle, or Class A Highway weight limits, whichever is lower, and the vehicle is operating on the most direct route of ingress or egress from a State Trunk Highway or County Trunk Highway; variance of the City of Muskego zoning regulations Section 17, permitting the parking of such vehicle, provided the vehicle is operating on the most direct route of ingress or egress from a State Trunk Highway or County Trunk Highway, and the gross vehicle weight does not exceed 16,500 pounds per axle, or Class A Highway weight limits, whichever is lower; If the vehicle is an authorized emergency vehicle. (2) No motor vehicle may be operated on any street or alley within the City unless it is equipped with pneumatic tires. 7.06 ERECTION OF SIGNS AND SIGNALS The Highway Superintendent shall procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Highway Commission, notifying drivers of the various driving or parking rules or restrictions at the various streets, alleys, intersections or other public places within the City. Signs shall be erected in such locations and manner as authorized by the Council so as to give adequate warning to users of the streets, alleys or highways in question. 7.07 RECORD OF REGULATIONS The City Clerk shall maintain in his/her office at all times, a complete list of all traffic regulations at particular places adopted by the Council, whether adopted by ordinance or resolution. Said lists are incorporated herein by reference, the same as if fully set forth. 7.08 EMERGENCY TRAFFIC REGULATIONS In case of emergency, the Chief of Police may make and enforce temporary emergency traffic regulations to cover special conditions. 7.09 PENALTIES The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided together with costs under sec. 345.27 Wis. Stats. (1) State Forfeiture Statutes. Forfeitures for violation of secs. 7.340.01 to 7.348.28 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) State Fine Statutes. The forfeiture for violation of any statute adopted by reference hereunder for which the penalty is a fine shall not exceed the maximum fine permitted under such statute. 3

(3) Local Regulations. The penalty for violation of secs. 7.02 through 7.13 and 7.16 through 7.19 of this chapter shall be as provided in sec. 25.04 of this Municipal Code. (4) Notwithstanding any other provisions or any other traffic regulation of the City, the forfeiture for a violation of any parking regulation or restriction shall be not less than $5.00 or more than $200.00, however, the person to whom the ticket or citation has been issued may settle the City's claim by paying the minimum forfeiture to the Police Department within 5 days of the issuance. 7.10 ENFORCEMENT (1) Enforcement Procedure. This chapter shall be enforced according to sec. 66.12, Chapter 299 and secs. 345.20 to 345.53, Wis. Stats. (2) Deposit. Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer, at the police station or at the office of the Clerk of the Court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall comply with sec. 343.27, Wis. Stats., or, if the deposit is mailed, the signed statement required under sec. 343.27 shall be mailed with the deposit. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing that: If he fails to appear in court at the time fixed in the citation he will be deemed to have tendered a plea of no contest and submitted to a forfeiture plus costs not to exceed the amount of the deposit; or If he fails to appear in court at the time fixed in the citation and if the court does not accept the deposit as a forfeiture, he will be summoned into court to answer the complaint. The amount of the deposit shall be determined in accordance with the deposit schedule established by the Board of County Judges. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit not less than the maximum forfeiture permitted under this ordinance. The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefore as required by sec. 345.26(3), Wis. Stats. (3) Forfeiting Deposit. The sum to be forfeited pursuant to the stipulation for violation of this Chapter shall be determined in accordance with the deposit schedule established by the Board of County Judges. The deposit shall include court costs and suit tax. (4) Stipulation of No Contest. (Cr. Ord. #281) Any person charged with a violation of this chapter except 7.346.62(1) and 7.346.63(1) may make a stipulation of no contest pursuant to Section 345.27, Wis. Stats., which must be received at the office of the police department or clerk of court (or municipal justice) within 10 days of the date of the alleged violation. Such person shall at the time of entering into the stipulation make the deposit required under sub. (2) if he has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in Section 345.37, Wis. Stats. 7.11 VEHICLE ABANDONMENT PROHIBITED 4

(1) No person shall leave unattended any motor vehicle, trailer, semi-trailer, or mobile home, nor shall any person allow any disassembled or inoperable and unlicensed or junked, wrecked or abandoned motor vehicles to remain in the open upon public property within the City for a period in excess of seventy-two (72) hours unless it is in connection with an automobile sales or repair business located in a properly zoned area. (Ord. #487 4-10-84) (2) Procedure for Disposition and Sale, Public Highways or Public Property. The following procedure shall apply for the disposition of vehicles found abandoned on public highways or public property. (Ord. #910 01-23-97) Vehicles found upon a public highway or public property that appear to have been abandoned for seventy-two (72) hours are hereby declared to be a public nuisance and may be abated as hereinafter provided. (Ord. #910 01-23-97) (1) The Police Department shall issue a summons upon the abandoned vehicle and shall send by certified mail a copy of said summons and notice to the last known registered owner of the vehicle or lienholder. (Ord. #910 01-23-97) (2) The Police Department may tow or cause to be towed any abandoned vehicle declared to be a public nuisance pursuant to this ordinance. (Ord. #910 01-23-97) (3) Abandoned vehicles found to be a safety hazard to the public may be towed immediately by the Police Department or their agents. (Ord. #910 01-23-97) (c) (d) Any abandoned vehicle that is towed pursuant to this ordinance shall be impounded and may be stored at a local junk or storage yard at least 30 days, but if the apparent value thereof is $500.00 or less and if the vehicle is not claimed within said period, it may be destroyed or sold. (Ord. #910 01-23-97) Immediately upon impounding said vehicle, the Police Department shall notify the Division of Motor Vehicles of the recovery of the vehicle and its make, motor number, series number and registration number, if ascertainable, and shall obtain from the Division of Motor Vehicles the name and address of the last registered owner and lienholder, if any. If such information is available, the last registered owner and any lienholder of record shall be notified by certified mail of the impounding of the vehicle by the Police Department and advised that upon payment of towing and storage charges within 30 days of the date of its impounding, the vehicle will be released to the owner or lienholder or that at the end of 30 days it will be sold or destroyed. Said notice shall also set forth the year, make, model and serial number of the abandoned motor vehicle as well as the place where the vehicle is being held. If the vehicle is of the value of $500 or more, then the auction procedure as set forth in Section 342.40 (3) (c), Wisconsin Statutes, shall be followed. (Ord. #910 01-23-97) (3) If such vehicles are claimed by the owner, the junk or salvage yard shall charge a reasonable fee for handling and storage. If such vehicles are not claimed, the impounding, notification and junking or sale procedure as provided for herein shall be followed. 5

(4) Disposition If No Record Owner. Notwithstanding the provisions above with respect to the storage of vehicles for 30 days, the Police Department may immediately dispose of abandoned vehicles if the following conditions are met: The Division of Motor Vehicles advises the City that it has no record of registration of vehicle involved; or If the motor, serial or registration number of the motor vehicle are not ascertainable or if no evidence of ownership is found upon or within the vehicle, such disposition shall be made to a licensed auto salvage or junk dealer, if possible, or if not, then to a person who shall be willing to pay the expenses possible, of the City in removing and storing the vehicle under this ordinance. (5) Any abandoned vehicle which is determined by the Police Chief or designee to have a value less than $500 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen. (Ord. #910 01-23-97) (6) Within five (5) days after the sale or disposal of a vehicle as provided above, the municipality or county shall advise the division of the sale or disposition on a form supplied by the division. (7) The provisions of this ordinance shall not apply to auto salvage yards or junk yards that are duly licensed under the ordinance provisions of the City pertaining to such operation. (8) Any person who shall interfere in any way whatsoever with the due process of enforcement of any of the provisions of this ordinance and shall be found guilty thereof, shall be subject to a penalty of Twenty-Five ($25) Dollars. Each motor vehicle involved shall constitute a separate offense. (9) Penalty. The owner of any vehicle which shall be impounded or stored pursuant to the provisions of this ordinance or who shall abandon a vehicle within the City and fail to remove the vehicle when properly notified, shall be subject to forfeiture of not less than $10 nor more than $200 together with the costs of said action. Default of the payments shall be imprisonment in the County Jail until such forfeiture and costs are paid but not to exceed six (6) months. This penalty is in addition to all other expenses and charges made applicable under the provisions of this ordinance. 7.12 SNOW EMERGENCIES (Cr. Ord. 119) (1) Declaration of Emergency. The Mayor, or in his absence, the President of the Common Council or the Superintendent of Public Works, shall declare a snow emergency during the period of a driving snowstorm or immediately thereafter, whenever traffic becomes congested by reason of said snowfall, and the operation of emergency vehicles, including snow removal equipment and machinery, is impeded. (2) Duration of Emergency. Such emergency shall exist so long as traffic remains congested, and the operation of emergency vehicles is impeded, or likely to be impeded, by the falling of snow and the congestion of traffic upon the streets, alleys or public parking lots of the City. 6

(3) Notice of Emergency. The Mayor, or other authorized officials, may proclaim the state of emergency through the press, radio or other public means of communication, and may designate and authorize police officers and snow removal personnel to inform the citizenry of the existence of the emergency. (4) Parking Prohibited During Emergency. No person shall park any vehicle on a main street, alley or public parking lot during the period of a snow emergency or immediately thereafter until such main street, alley or public parking lot has been cleared of snow, unless with reasonable diligence he could not avoid it. (5) Negligent Parking on Side Streets. No person shall permit any vehicle to park or stop upon any uncleared street or alley or parking lot, either during a driving snowstorm, immediately thereafter, or during a state of declared emergency in such manner as to interfere with snow removal equipment, unless with reasonable diligence he could not avoid it. (6) Removal of Vehicles. Any traffic officer, the Superintendent of Public Works or any of his employees under his supervision and direction may remove any vehicle which may interfere with the operation of any snow removal equipment or any emergency vehicle. The cost of removing such vehicle may be charged to the owner or operator thereof, and the removal may be made by the City Highway Department with City help, or by commercial towing service. Cars removed and towed away shall be stored in a safe place and restored to the owner or operator of such car upon payment of towing fee therefore. 7.13 BICYCLES (Cr. Ord. 128-A) (1) Registration of Bicycles. No person shall ride a bicycle in the City unless it is legally registered in the City or in another municipality or unless it is owned in a municipality not having a provision for registration, as herein provided. (2) Application: Registration Forms. The operator or owner of a bicycle shall register with the Police Department the name and address of its owner and a complete description of the bicycle on forms issued by said department every four years and thereafter on or before May 1. A registration fee of $2.00 for the full four years shall be paid upon filing of each of said forms. The registration shall be numbered serially and kept by said department as a public record. Upon each registration there shall be issued a license effective for four calendar years which shall entitle the licensee and persons authorized by the licensee to operate said bicycle in said City. (Ord. #410; 5-9-81) (3) Removal of Tags. Said license shall remain on said bicycle until replaced by a license of later registration hereunder or unless license is revoked by the Police Department. In the event of theft or loss, a substitute license shall be issued for $50. No person shall willfully or maliciously remove, destroy or mutilate any license plate. (4) Inspection of Bicycles. The Police Department may inspect bicycles and deny registrations if they are found to be improperly equipped or in unsafe mechanical condition. Said department may also cancel the registration thereof and remove the license of any bicycle operated on any street in unsafe condition or in violation of the Bicycle and Play Vehicle Statutes. Said license shall be returned to the licensee at the discretion of the Police Department. 7

(5) Change of Ownership. In case of change of ownership of a registered bicycle, the new owner shall apply for registration as required in this section. A license once issued cannot be transferred to a different bicycle by the same owner, excepting that the transfer of license plates from one bicycle to another shall be permitted in the event that the first bicycle so registered is either sold or junked. (6) Revocation of License. The Chief of Police may cancel the registration of and remove the identification tag from any bicycle operating in an unsafe manner, or in violation of any provision of this Code, and such cancellation of registration shall be in addition to other penalties provided therefore. (7) Responsibility of Parent or Guardian for Violation of Bicycle Registration Ordinance. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of Municipal Code 7.13. Ord #346; 7-11-78 7.14 ACCELERATING VEHICLES (Cr. #154) No driver of any vehicle shall cause, by excessive and/or unnecessary acceleration, the tires of such vehicle to spin and emit loud noises or to unnecessarily throw stones or gravel; nor shall such driver cause to be made by excessive and/or unnecessary acceleration any loud noise such as would disturb the public peace. 7.15 FLASHING LIGHTS: SCHOOL BUSES (Cr. #191) In addition to activating the flashing red warning lights as required by Section 346.48 Wis. Stats. the operator of a school bus equipped with such lights shall activate such lights under the following circumstances: In a residential or business district when pupils or other authorized passengers are to be loaded or unloaded at a location at which there are no crosswalks or traffic signals and such persons must cross the street or highways before being loaded or after being unloaded. 7.16 COMPRESSION BRAKING PROHIBITED (Ord. #1177-08-05-2004) No operator of a motor vehicle shall use brakes which are in any way activated or operated by the compression of the engine of the motor vehicle or any unit or part thereof (commonly referred to as Jake brakes, Jacob s brakes, engine brakes, or compression brakes ) on any State Trunk Highway as defined by Section 84.02, Wis. Statutes, nor any County Trunk Highway as defined by Section 83.025, Wis. Statutes, or Local Street except in cases of emergency. For purposes of this section, cases of emergency are defined as circumstances which present an immediate danger to life or property. Emergency Vehicle Exceptions. The prohibition set forth in this subsection shall not apply to authorized emergency vehicles as that term is defined by Section 340.01(3), Wis. Statutes when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm. 8