Chapter 19

VEHICLES, TRAFFIC AND BICYCLES

[HISTORY: Adopted by the Common Council of the City of Gillett as Ch. IV and § 7.15 of the former Municipal Code. Amendments noted where applicable.]

§ 19-1.  State traffic laws adopted. [Amended 10-7-2004 by Ord. No. 2004-19]

Except as otherwise specifically provided in this chapter, the statutory provisions in Chs. 340 to 348 and 23 Wis. Stats., and Ch. NR 64, Wis. Adm. 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 fine or term of imprisonment, are hereby 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 a 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 of Wisconsin.

§ 19-2.  Uniform traffic control devices; Official Traffic Map.

A.     Duty of Chief of Police 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 § 19-1, require the erection of traffic control devices for enforcement, the Chief of Police, with the cooperation of the Supervisor of Public Works, 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 Chief of Police will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the City.

B.     Official Traffic Map.

(1)    Established. There is hereby established for the City of Gillett an Official Traffic Map, effective on the effective date of adoption of this Code, upon which is indicated as of said date all existing no parking areas, restricted parking areas, stop signs, arterial intersections, yield signs, special speed limits, one-way highways, school crossings and all other restrictions or limitations contained in this chapter and for which the laws of the State of Wisconsin require the erection or use of official traffic control devices to enforce such restrictions or limitations. All such restrictions and limitations set forth on said Official Traffic Map are hereby ratified and affirmed.

(2)    Additions to map. The Common Council may from time to time make additions to or deletions from the Official Traffic Map, and the Chief of Police shall keep such Official Traffic Map current. Every addition to said Official Traffic Map made after adoption of this Code shall indicate the number of the authorizing ordinance or resolution and the date the appropriate official traffic control device was erected.

§ 19-3.  Parking restrictions.

A.     Generally. When signs are erected giving notice thereof, no person shall park a motor vehicle on any street for more than two hours between 9:00 a.m. and 5:00 p.m.; provided, however, that on Sundays and national holidays, on East Main Street between North McKenzie Avenue and Richmond Avenue and on South Lake Avenue and on North Lake Avenue between East First Street and East Railroad Street, parking shall be allowed for periods in excess of two hours.

B.     Two-hour parking. There shall be two-hour parking on the south side of Fourth Street between Elm Street and Birch Street between the hours of 7:30 a.m. and 4:00 p.m.

C.     Parking prohibited at all times.

(1)    There shall be no parking on the south side of Railroad Street between North McKenzie Avenue and North Lake Avenue.

(2)    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 upon any of the following highways or parts of highways:

(a)     On the west side of South Richmond Street commencing at the south line of the intersection of South Richmond Street and East Main Street, south a distance of 69 feet.

(b)     On the east side of South Richmond Street, commencing at the south line of the intersection of South Richmond Street and East Main Street, south a distance of 123 feet.

(c)     On the north side of Fourth Street between Elm Street and Birch Street.

(d)    On the south side of Lakeshore Drive beginning 100 feet in from the intersection with Lake Avenue a distance of 15 feet to the east edge of driveway and starting on the west edge of driveway for a distance of 45 feet.

(e)     On the north side of Lakeshore Drive beginning 100 feet in from the intersection with Lake Avenue a distance of 135 feet.

D.     Winter parking. No person shall park a motor vehicle on any City street from November 1 to April 1 between the hours of 1:00 a.m. and 6:00 a.m.

E.      Snow removal. Notwithstanding anything herein contained to the contrary, no motor vehicle shall be parked on any street where snow is being plowed or removed, and any motor vehicle so parked may be towed or otherwise hauled away, and the City of Gillett shall retain possession of said motor vehicle until the owner thereof shall have paid all of the expenses resulting from said removal.

F.      Restrictions on parking during school hours.

(1)    No person shall park, stop or leave standing any vehicle, whether attended or unattended, for longer than two hours during school hours at the following locations: on Orchard Street, on the east side of North Harding Avenue, on the west side of South Harding Avenue and on both sides of South Elm Avenue between Pulcifer Avenue and West Main Street.

(2)    No person shall park, stop or leave standing any vehicle, whether attended or unattended, during school hours at the following locations: the west side of North Harding Avenue and the east side of South Harding Avenue.

G.     All-night parking prohibited.

(1)    No person shall park a motor vehicle on East Main Street between North McKenzie Avenue and Richmond Avenue from April 1 to November 1 between the hours of 2:00 a.m. and 6:00 a.m.

(2)    No person shall park a motor vehicle on any street for more than 24 hours unless permission is granted by the City Police Department for overnight parking.

(3)    No person shall park a motor vehicle in the parking lot adjacent to City Hall or in the parking lot adjacent to the Gillett Public Library between the hours of 2:00 a.m. and 6:00 a.m. all year long, with the exception of City employees while they are working for the City.

H.     Any motor vehicle which remains continuously parked for 24 hours after a police officer has placed a citation or other written notification of violation of any section of this chapter shall be towed or otherwise removed from its location, and the City of Gillett shall retain possession of the motor vehicle until the owner thereof shall have paid all of the expenses resulting from the removal of said motor vehicle.

§ 19-4.  Temporary regulations.

The Chief of Police is hereby empowered to make and enforce temporary regulations to cover emergencies or special conditions.

§ 19-5.  Penalties for parking violations.

A.     Any person who shall violate a parking restriction under § 19-3 shall pay a fine or forfeiture as provided in Chapter 1, Article II, Penalties and Enforcement, provided that payment is made within seven days from issuance of the parking citation.

B.     Failure to pay within seven days of the citation shall result in the amount of the fine or forfeiture as provided in Chapter 1, Article II, Penalties and Enforcement, being doubled.

C.     Payments of fines or forfeitures may be made to the City Clerk/Treasurer or Clerk of Court. Any person convicted in court of a parking violation shall pay the fine or forfeiture as provided in Chapter 1, Article II, Penalties and Enforcement.

D.     Forfeitures relative to parking violations. The provisions of § 345.28, Wis. Stats., relating to the issuance of summons for nonmoving traffic violations and all enforcement procedures set forth in said section are hereby incorporated by reference. The "local authority" referred to in said section is hereby designated to be the City Police Department.

E.      Enforcement of unpaid judgment. The provisions of § 345.47(l)(d), Wis. Stats., relating to unpaid court judgments for traffic offenses and the enforcement procedures set forth in said section are hereby incorporated by reference.

§ 19-6.  Use of flashing red lights by school buses.

Use of flashing red lights by school buses in residential or business districts when pupils or other authorized passengers are to be loaded or unloaded where a sidewalk and curb are laid on both sides of the road shall be required by law. Violation of this section shall be subject to a forfeiture as provided in Chapter 1, Article II of this Code.

§ 19-7.  Operation of motor vehicle in public or private parking lots.

A.     Unlicensed operators prohibited. No person who does not hold a valid operator's license shall operate a vehicle in any public parking lot or in any private parking lot held out for the use of parking for the general public.

B.     Traffic regulations applicable. All provisions of § 19-1 of this chapter and of the Wisconsin Statutes and laws incorporated herein by reference shall be applicable on any public parking lot and on any private parking lot held out for use of the general public for parking or vehicular travel.

C.     Violation of this section shall be subject to a forfeiture as provided in Chapter 1, Article II of this Code.

§ 19-8.  Snowmobiles.

A.     State snowmobile laws adopted. Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wisconsin Statutes are hereby adopted by reference and made a part of this section as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this section.

350.01             Definitions

350.02             Operation of snowmobiles on or in the vicinity of a highway

350.03             Right of way

350.04             Snowmobile races, derbies and routes

350.045           Public utility exemption

350.047           Local ordinance to be filed

350.05             Operation by youthful operator restricted

350.055           Safety certification program established

350.07             Driving animals

350.08             Owner permitting operation

350.09             Head lamps, tail lamps and brakes

350.10             Miscellaneous provisions for snowmobile operation

50.15               Accident and accident reports

350.17             Enforcement

350.18             Snowmobile access

350.19             Liability of landowners

 

B.     Snowmobile operation in City. The intent of this section is to provide a means for persons to travel from a residence and/or lodging establishment within the limits of the City of Gillett, Oconto County, Wisconsin, for the safest access possible for a person to operate a snowmobile to the snowmobile trail that is closest to that residence or lodging establishment.

(1)    No person shall operate a snowmobile on a roadway or shoulder of a highway not designated as a snowmobile access street. Snowmobile access streets in the City of Gillett are as follows: First Street, Green Bay Avenue, Robin Hood Lane, Woodlawn Avenue, Second Street, Birch Avenue, Fourth Street, Pulcifer Avenue, and South Elm Avenue between Pulcifer Avenue and West Fourth Street. Use of streets not listed must be approved by the City of Gillett Police Department.

(2)    No person shall operate a snowmobile on an access street between the hours of 11:00 p.m. and 7:00 a.m. Any snowmobile used on an access street must be registered with the City of Gillett Police Department prior to being operated on the access street. No person shall operate a snowmobile in excess of 10 miles per hour on an access street.

(3)    No person shall operate a snowmobile on an access street from May 1 through November 14 of any year.

C.     This section shall be enforced by any law enforcement officer of the City of Gillett, Oconto County, Wisconsin. Violation of this section shall be subject to a forfeiture as provided in Chapter 1, Article II of this Code.

D.     Permitting operation by improper persons prohibited. No owner or person having charge or control of a snowmobile shall authorize or permit any person to operate such snowmobile who is not permitted under state law to operate such snowmobile or who is under the influence of an intoxicant or a dangerous or narcotic drug.

E.      Operation while under influence prohibited. Section 346.63, Wis. Stats., shall apply to the operation of a snowmobile any place within the City.

§ 19-9.  All-terrain vehicle trail. [Added 8-24-2004 by Ord. No. 2004-15]

The Common Council hereby establishes an all-terrain vehicle trail on the route that is shown on the attached map[1] and which route is on file with the City Clerk/Treasurer's office.

§ 19-10.  Bicycles.

A.     Registration required. No resident shall operate a bicycle upon any street or public way within the City unless the bicycle shall first have been registered by the owner and properly licensed as hereinafter provided.

B.     Definition. "Bicycle" shall mean and include a light vehicle having two or more wheels, usually tandem, but which may be a tricycle or sidecar, both of which are 20 inches in diameter or greater, with tires inflated, having a steering wheel and a saddle seat or seats, and propelled by the feet acting on treadles connected with cranks or levers.

C.     Registration. Registration shall be made by filing an application with the Police Department setting forth the name and address of the owner, together with a complete description of the bicycle, and paying the registration and license fee hereinafter provided. Each registration shall be serially numbered and kept on file in the office of the Police Department. The Police Department shall keep a record of the date of issuance of each license, to whom issued, and the number thereof. Upon such registration, the Police Department shall issue a license or tag which shall be affixed to the bicycle in a place determined by the Police Department. Such license plate or tag shall remain so fixed to the bicycle unless removed by order of a court.

D.     License fee; transfer. The license fee to be paid for each bicycle shall be an amount set by the Common Council[2] for the period of time the bicycle is owned by the registered owner. All such license fees shall be paid over to the Clerk/Treasurer. Licenses are not transferable from one bicycle to another.

E.      License renewal. All bicycle registrations shall be renewed whenever the original license becomes illegible or is destroyed. The license fee for renewal shall be an amount set by the Common Council.[3] Upon such registration a new license shall be furnished to the bicycle owner or operator.

F.      Cancellation of registration. The Chief of Police shall have the authority to cancel registration and remove the registration plate from any bicycle being operated upon the streets of the City of Gillett in an unsafe manner or in violation of any state law or local ordinance, and such cancellation shall be in addition to other penalties provided hereunder.

G.     Change of ownership. Within 10 days after any bicycle registered hereunder shall have changed ownership or been dismantled and taken out of operation, such information shall be reported to the Chief of Police by the person in whose name the bicycle has been registered.

H.     Violations. Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine as provided in Chapter 1, Article II of this Code, or the court may prohibit such person from riding a bicycle for a period not to exceed six months and may order such person's registration tag and registration card confiscated.

§ 19-11.  Violations and penalties.

A.     Forfeiture penalty. Except as otherwise provided, the penalty for violation of any provision of this chapter shall be a forfeiture as hereinafter provided together with the costs of prosecution and the penalty assessment imposed by § 757.05(1), Wis. Stats., where applicable. Payment of the judgment may be suspended by the sentencing judge for not more than 60 days. Any person who shall fail to pay the amount of the forfeiture, costs of prosecution and penalty imposed for violation of any provision of this chapter may, upon order of the court entering judgment therefor and having jurisdiction of the case, be imprisoned until such forfeiture, costs and assessment are paid, but not exceeding 90 days.

B.     Other sanctions. 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 or to order the defendant to submit to assessment and rehabilitation or attend traffic safety school in addition to payment of a monetary penalty or in lieu of imprisonment.

C.     Forfeitures for uniform traffic offenses. Forfeitures for violations of any traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 19-1 of this chapter shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not permit prosecution under this chapter of any offense for which an imprisonment penalty may be imposed upon the defendant.