Chapter 9: Traffic Code
9.01 TRAFFIC LAWS.
(1) State Traffic Laws Adopted. Except as otherwise specifically provided in this code, the statutory provisions in Chapters 340 through 348, of the Wisconsin Statutes, 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 of term of imprisonment 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 statute incorporated herein by reference is required or prohibited by this code. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this code in order to secure uniform state wide regulation of traffic on the highways, streets and alleys of the State of Wisconsin.
(2) Definitions. As used in this code:
a) "Town" shall mean the Town Board of the Town of Dunkirk.
b) "Traffic Control Device" shall mean any and all signs, mechanical or otherwise, whose purpose is to direct or control traffic flow as set forth in the Manual on Uniform Traffic Control Devices adopted by by the Wisconsin - Department of Transportation pursuant to Wis. Stats.84.02(4)(e).
9.02 STOP SIGNS.
(1) Designation of Stop Signs. In the interests of public safety stop signs shall be installed at the following locations to control traffic on the highways over which the Town has exclusive jurisdiction:
a) Unplatted Areas of the Town:
At the southwest corner of the intersection of the intersection of Slinde Road with Washington Road for traffic on Slinde Road entering Washington Road
At the northeast corner of the intersection of Slinde Road with Tower Road for traffic on Slinde Road entering Tower Road.
At the southeast corner of the intersection of Hammond Road with Hanerville Road for traffic on Hammond Road entering Hanerville Road.
At the northeast corner of the intersection of Hammond Hanerville Road.
At the southeast corner of the intersection of Hanerville Road with Hammond Road for traffic on Hanerville Road entering Hammond Road.
At the northwest corner of the intersection of Hanerville Road with Hammond Road for traffic on Hanerville Road
At the southwest corner of the intersection of Oaklawn Road with Taylor Lane for traffic on Oaklawn Road entering Taylor Lane.
At the northeast corner of the intersection of Oaklawn Road with Taylor Lane for traffic on Oaklawn Road entering Taylor Lane.
At the southeast corner of the intersection of Taylor Lane with Oaklawn Road for traffic on Taylor Lane entering Oaklawn Road.
At the northwest corner of the intersection of Taylor Lane with Oaklawn Road for traffic on Taylor Lane entering Oaklawn Road
At the northwest corner of the intersection of Taylor Lane with Stebbensville Road for traffic on Taylor Lane entering Stebbinsville Road
At the southeast corner of the intersection of Danks Road with Old Stone Road for traffic on Danks Road entering Old Stone Road.
At the southwest corner of the intersection of Hammond Road with Washington Road for traffic on Hammond Road entering Washington Road.
At the southwest corner of the intersection of Old Stone Road with Bass Lake Road for traffic on Old Stone Road entering Bass Lake Road.
At the northeast corner of the intersection of Sam Miles Road with Bass Lake Road for traffic on Sam Miles Road entering Bass Lake Road.
At the southwest Corner of the intersection of Hauge Road with Taylor Lane for traffic on Hauge Road entering Taylor Lane.
At the northeast corner of the intersection of Hauge Road with Taylor Lane for traffic on Hauge Road entering Taylor Lane.
At the southeast corner of the intersection of Taylor Lane with Hauge Road for traffic on Taylor Lane entering Hauge Road.
At the northwest corner of the intersection of Taylor Lane with Hauge Road for traffic on Taylor Lane entering Hauge Road
At the southwest corner of the intersection of Kaase Road with Washington Road for traffic on Kaase Road entering Washington Road.
At the southwest corner of the intersection of Leslie Road with Tower Drive for traffic on Leslie Road entering Tower Drive.
At the southwest corner of the intersection of Aacker Road with Taylor Lane for traffic on Aacker Road entering Taylor Lane.
At the northwest corner of the intersection of Quinn Lane with Aacker road for traffic on Quinn Lane entering Aacker Road.
At the northwest corner of the intersection of Brickson Road with Stebbinsville Road for traffic on Brickson Road entering Stebbinsville Road.
At the northwest Corner of the intersection of McGinnis Road with Stebbinsville Road for traffic on McGinnis Road entering Stebbinsville Road.
At the northeast corner of the intersection of Bass Lake Road and Same miles Road and at the southeast corner of the same said intersection. (Both signs face east).
b) Plat of Rolling Acres
At the Southwest corner of the intersection of Aspen Road with Taylor Lane for traffic on Aspen Road entering Taylor Lane.
At the northwest corner of the intersection of Ash Lane with Tareyton Circle for traffic on Ash Lane entering Tareyton Circle.
At the southwest corner of the intersection of Tareyton Circle with Taylor Lane for the traffic on Tareyton Circle entering Taylor Lane.
c) Rorge Plat
At the northeast corner of the intersection of Tareyton Circle with Taylor lane for traffic on Tareyton Circle entering Taylor Lane
At the southeast corner of the intersection of Gilrust Avenue with Ridgewood Drive for traffic on Gilrust Avenue entering Ridgewood Drive
At the northwest corner of the intersection of Gilrust Avenue with Ridgewood Drive for Traffic on Gilrust Avenue entering Ridgewood Drive
At the northeast corner of the intersection of Ridgewood Drive with Taylor Lane for traffic on Ridgewood Drive entering Taylor Lane.
At the southeast corner of the intersection of Gilrust Avenue with Westchester Circle for traffic on Gilrust Avenue entering Westchester Circle.
At the northeast corner of the intersection of Westchester Circle with Taylor Lane for traffic on Westchester Circle entering Taylor Lane.
d) Plat of Pleasant Hill
At the northwest corner of the intersection of Estate Lane with West South Street for traffic on Estate Lane entering West South Street.
At the southeast corner of the intersection of Estate Lane with West Main Street for traffic on Estate Lane entering West Main Street.
At the northwest corner of the intersection of Prospect Lane with West South Street for traffic on Prospect Lane entering West South Street.
At the southwest corner of the intersection of Hilldale lane with Pleasant View Drive for traffic on Hilldale Lane entering Pleasant View Drive.
At the northeast corner of the intersection of West South Street with Pleasant View Drive for traffic on West South Street entering Pleasant View Drive
At the southwest corner of the intersection of Sunrise Court with Pleasant View Drive for traffic on Sunrise Court entering Pleasant View Drive.
For the southwest corner of the intersection of Outlook Court with Pleasant View Drive for traffic on Outlook Court entering Pleasant View Drive.
At the northwest corner of the intersection of Pleasant View Drive with West Main Street for traffic on Pleasant View Drive entering West Main Street
At the southwest corner of the intersection of West Main Street with Pleasant View Drive for traffic on West Main Street entering Pleasant View Drive
At the Northeast corner of the intersection of Pleasant View Drive with Hoel Avenue for traffic on Pleasant View Drive entering Hoel Avenue.
At the southwest corner of the intersection of McComb Road with Hoel Avenue for traffic on McComb road entering Hoel Avenue.
e) Racetrack Plat
At the northeast corner of the intersection of Vernon Street with Racetrack road for traffic on Vernon Street entering Racetrack Road.
At the northeast corner of the intersection of Anderson Street with Racetrack Road for traffic on Anderson Street entering Racetrack Road.
At the northeast corner of the intersection of Robert Street with Racetrack Road for traffic on Robert Street entering Racetrack Road.
(2) Operations to Obey Traffic Control Devices
Every operation of a vehicle approaching an intersection at with an Official Traffic Control Device is erection in accordance with this section shall obey the directions of such Official Traffic Control Device as required by Wisconsin Statues incorporated by reference in Section one of this code. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by SS. 346.46, Wis. Statues. Operators approaching intersections at which a yield sigh has been installed shall yield to right-or-way to other vehicles as required by ss. 346.18(6), Wis. Stats.
9.03 WEIGHT LIMITS AND HEAVY TRAFFIC ROUTES
( 1 ) Streets Designated Class B Highways. All highways within the Town of Dunkirk, Wisconsin, are hereby designated class IIBII highways by the Wisconsin Statutes adopted by reference in Section One of this code except the following enumerated highways or parts of highways:
Race track road from CTH A to U.S.H. 51 - posted limits.
(2 ) Special and Seasonal Weight Limits. The Town Highway Department 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 proving of Section 2 of this code.
9.04 MISCELLANEOUS PARKING RESTRICTIONS
(1) Street Maintenance. Whenever it is necessary to clear or repair a Town roadway or any part thereof, the Town Traffic Department shall post such highways or parts thereof with signs bearing the works No Parking - Street Maintenance Work”. Such signs shall be erected at least two (2) hours prior to the time that street maintenance work is to be commenced. No person shall park a motor vehicle in violation of such signs.
(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.
- No person shall park across from a private driveway entrance.
(3) Parking Heavy Vehicle in Residential Districts. No operator of a motor truck, truck-tractor, trailer or semi-trailer or any other vehicle or combination of vehicles other than motorbuses weighing more than eight thousand (8,000) pounds shall park such vehicle on any highway other than a routed State Truck Highway in any residential district except for such time as is reasonably necessary to facilitate the loading or unloading of the vehicle.
(4) Removal of Illegally Parked Vehicles. Any vehicle parked or left standing upon a highway, street or alley or other public grounds in violation of any of the provisions of this Section or Section One of this code is declared to be a hazard to traffic and public safety. Such vehicle shall be removed by the operator, upon request of any police officer, to a position where parking, stopping or standing is not prohibited. Any police 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. 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 storage garage or rental parking grounds or any facility of the person providing the towing services. In addition to other penalties provided by Section 11 of this code the owner or operator of a vehicle so removed shall pay the cost of the towing and storage. If towing is authorized by the police department, a few shall be paid for towing; except during emergencies when no towing fee shall be charged of assessed against the owner of such vehicle for removal necessitated under the emergency powers granted by sub. (7)(d) of this Section.
(5) 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 subject to appropriate penalty.
9.05 ABANDONED VEHICLES
(1) Abandonment of Vehicles Prohibited. No person shall abandon any vehicle unattended within the Town for such time and under such circumstances as to cause the vehicle to reasonably appear to be abandoned.
(2) Definition. As used in this Section "vehicle" means a motor vehicle, trailer, semi-trailer or mobile home whether or not vehicle is registered under ch. 341, Wis. Stats.
(3 ) Presumption of Abandonment. Any vehicle left unattended for more than forty-eight 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.
( 4 ) 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 or a vehicle parked in a metered or paid lot or parking space where the required fee has been paid and meter activated.
( 5 ) Removal and Impoundment or Sale. Any vehicle found abandoned in violation of this ordinance shall be impounded by the police department until lawfully claimed or disposed of as provided in this Section. If the police chief or his/her duly authorized representative determines that towing costs and storage charges for thirty days, see sub.(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 chief of police 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 sub. (5) of this Section.
(6) Minimum Impoundment Period. The minimum period on impoundment or storage of a vehicle found in violation of this Section shall be thirty days.
(7) Notice to Owner. The police officer removing or causing the removal of any vehicle found in violation of this Section shall immediately notify the chief of police of abandonment and location of the impounded vehicle, and shall within ten 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 ss. 342.40(3), Wis. Stats., 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 of sale of the vehicle.
(8) Sale. Each retained vehicle not reclaimed by the owner or lienholder may be disposed of by sealed bid or auction sale as provided in ss. 342.40(3) Wis. Stats ..
( 9 ) 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.
(10) Purchaser to Remove Vehicle. The purchaser of any vehicle on sealed bid or auction sale under sub. (7) shall have ten days to remove the vehicle from the storage area upon payment of a storage fee of $10.00 for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten 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 .
(11) 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 $5.00.
(12) Notice to Department. Within five 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 the Department.
(13) Owner May File. At any time within two years after the sale of a motor vehicle is provided herein, any person claiming ownership of such motor vehicle of 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 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 Town Treasury as the result of the sale of such motor vehicle, nor the amount of interest of the claimant therein.
(14) Exemption. 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 lone, shall, within 12 hours of such occurrence, notify the police department of the location of the vehicle and shall transfer and deliver clear title for said vehicle to the Town together with a fee to offset the cost of towing and junking charges and shall be exempt from the provisions of this ordinance.
When so requested by the owner or person in charge of a vehicle the Town Constable shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the towing service or contractor engaged by the Town for towing of disabled vehicles. The provisions of sub.(11) shall apply to any vehicle removed under this subsection.
9.06 ACCIDENT REPORTS.
(1) Operators To File. The operator of any vehicle involved in an accident resulting in injury to or death or any person, or property damage
to an apparent total in excess of $500.00 per person or $200.00 to Town owned property shall immediately after such accident file with the Town law enforcement department a copy of the report required by 346.70, Wis. Stats.
(2)Reports Public Record. Accident reports filed under this Section shall be available for public inspection and duplication in accord with ss. 346.70(4)(f) and 346.73, Wis. Stats. and upon completion of report by the police officer or department.
9.07 STATE STANDARDS FOR MOTOR VEHICLE EQUIPMENT ADOPTED.
(1) Administrative Regulations Adopted. The administrative rules and regulations adopted by the Secretary of Wisconsin Department of Transportation and published in Chapter MVD 5 of 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.
(2) Non-Compliance Prohibited. No person shall operate or allow to be operated on any highway, street or alley within the Town of Dunkirk a vehicle that is not in conformity with the requirements of sub. (1) or the equipment provisions of ch. 347, Wis. Stats., incorporated by reference in Section One of this Code.
(3) 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 ss. 347.04 , Wis. Stats., relating to non-applicability of demerit points, shall apply to owners convicted of violation of this Section.
(4) Safety Checks.
a) Operator’s 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.
b ) Authority of Officer. Any law enforcement officer of the Town of Dunkirk 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.
(5) Penalty. Penalty for violation of any provision of this Section including the provisions of ch. MVD5 of the Wisconsin Administrative Code, incorporated herein by reference, shall be as provided in Chapter 17 of this Code, together with the costs of prosecution and applicable penalty assessment.
9.08 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. (Garthwaite ordinance).
9.09 SNOWMOBILES.
(1) State Snowmobile Laws Adopted. Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles of Ch. 350, Wis. Stat., are hereby adopted by reference and made a part of this section as if fully set forth herein. Acts for which the penalty prescribed by Ch. 350, Wis. Stat., is a fine or imprisonment are excluded from this section. Acts required to be performed or prohibited by Ch. 350, Wis. Stat., are required or prohibited by this section.
(2) Applicability of Rules of the Road to Snowmobiles. The operator of a snowmobile upon a roadway shall in addition to the provisions of Ch. 350 be subject to ss. 346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1), and 346.94(1), (6), (6m), and (9), Wis. Stat.
(3) 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 dangerous or narcotic drug.
(4) Operation While Under the Influence Prohibited. Sec. 346.63, Wis. Stat., shall apply to the operation of a snowmobile any place within the Town.
(5) Written Consent of Owner Required. The consent required under ss. 350.10(6), (11), and (13), Wis. Stat., shall be written consent dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each must be obtained.
9.10 INOPERABLE WRECKED OR DISCARDED VEHICLES.
(1) Storage Prohibited. No person owning or having custody of any partially dismantled. non-operable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public highway, parking lot or ramp longer than 72 hours after notification thereof by the Police Department. Notification shall be accomplished by placing in a conspicuous place on the vehicle and by mailing or serving upon the owner or occupant in charge of the premises a written notice setting forth briefly the applicable provisions of this Section and the date of the notice. Any vehicle so tagged which is not removed within 24 hours after notice is declared to be a public nuisance and may be removed and disposed of as provided in 55. 10 of this Code.
(2 ) Exemptions. This Section shall not apply to a motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the Town of Dunkirk.
9.11 STREET STORAGE PROHIBITED.
No vehicle shall be left parked or standing on any street or parkway for more than 24 continuous hours, unless a permit to do so has first been obtained from the Town Constable or Chair. “Parkway" means that area between the sidewalk and the nearest curb line running parallel or generally parallel thereto.
9.12 PEDESTRIAN REGULATIONS.
(1) Pedestrian Obedience to Traffic Control Devices and Regulations
a) Obedience to Traffic Control Devices. No person shall fail to obey the instructions of any Uniform Traffic Control Device when traveling as a pedestrian on any highway within the Town of Dunkirk unless otherwise directed by a law enforcement officer.
b) Crossing at Crosswalks. No pedestrian shall cross at a crosswalk except on the right half therof whenever practicable. Where sidewalks are provided, no pedestrian shall walk along and upon an adjacent roadway except when the sidewalk is visibly unsafe, obstructed, or closed to public travel.
(2) Prohibited Pedestrian Crossings.
a) Between Controlled Intersections. No pedestrian shall cross between adjacent intersections at which Official Traffic Control Signals are in operation and crosswalks are provided, unless such crossing is permitted by Official Traffic Control Devices.
b) Crossing in Business Districts. No pedestrian shall cross a roadway, other than a crosswalk, in any business districts.
3) Jaywalking Prohibited. No pedestrian shall jaywalk. The following shall constitute jaywalking and shall be deemed a violation of this Section:
a) Crossing a roadway at a point within 300 feet of a marked crosswalk;
b) Crossing at a controlled intersection contrary to the signal lights or the direction of a traffic officer;
c) Failing to walk on the extreme left side of any roadway when there are no sidewalks or pathways for pedestrian travel available adjacent to or abutting said roadway;
d) Crossing a roadway intersection diagonally, unless authorized by Official Traffic Control Devices or a traffic officer;
e) Crossing a roadway intersection in any manner prohibited by Official Traffic Control Devices pertaining to such crossing movements.
9.125 USE OF DYNAMIC BRAKING DEVICES PROHIBITED
(1) Definition. A Dynamic Braking Device (commonly referred to as jake brakes, jacobs brake, engine brake, or compression brake) means a device primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
(2) Use Prohibited. It is unlawful for any person to operate any motor vehicle with a Dynamic Braking Device engaged within the Town in the following locations as designated by the Town Board:
1) THE ROAD KNOWN AS WILLIAMS DRIVE LOCATED WITHIN THE TOWN OF DUNKIRK
(3) Exceptions.
1) It is an affirmative defense to prosecution under this ordinance that Dynamic Braking Devices were applied in an emergency and were necessary to avert imminent danger to persons or property.
2) Emergency vehicles are exempt from this provision.
(4) Signs. Appropriate signs, consistent with applicable traffic sign and control laws, shall be posted on roads and in those areas where Dynamic Braking Device are prohibited.
(5) Penalty. Violations of this subsection shall be considered Class C forfeitures under Chapter 17 of this code of ordinances .
9.13 PENALTIES.
(1) Forfeiture Penalty. The penalty for violation of any provision of this traffic code, Chapter 9 of the Town of Dunkirk Code of Ordinances, shall be such forfeitures as are mandated by Chapter 17 of this Code of Ordinances, together with the cost of prosecution and the penalty assessment imposed by ss. 165.87, Wis. Stats., where applicable. Payment of the judgment may be suspended by the sentencing judge for 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 code 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 30 days.
(2) 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.
(3) Forfeitures for Uniform Traffic Offenses. Forfeitures for violations of any traffic regulation set forth in the Wisconsin Statutes adopted by reference in Section 1 of this traffic code 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 code of any offense for which an imprisonment penalty or fine may be imposed upon the defendant.
(4 ) Forfeitures for Parking Violations.
a) Forfitures for Uniform Statewide Parking, Stopping and Standing Offenses. Minimum and maximum forfeitures for violation of the offenses described in 55. 346.51 to 346.55, Wis. Stats., adopted by reference in Section 1 of this code shall be:
OFFENSE (Forfeiture Minimum/Maximum )
346.51(1) Improper Parking on/off roadway ($ 30.00/$200.00)
346.52(1) Stopping/standing in prohibited areas ($30.00/$40.00)
2nd conviction within one year ($60.00/$100.00)
346.52(2) Stopping/standing on highway by grade school ($30.00/$40.00)
2nd conviction within one year ($60.00/$100.00)
346.53 Parking/standing where prohibited ($30.00/$40.00)
2nd conviction within one year ($30.00/$100.00)
346.54 Improper parking/standing of vehicle ($30.00/$40.00)
2nd conviction within one year ($60.00/$100.00)
346.55(1) Parking on left side of highway ($50.00/$100.00)
346.55(2) Parking vehicle for sale on highway ($50.00/$200.00)
346.55(3) Parking on posted private property ($30.00/$100.00)
2nd conviction within one year ($50.00/$100.00)
b) Penalty for Other Parking Violations. The penalty for all other parking violations not included under paragraph (a) shall be a Class A forfeiture as set forth in Chapter 17 of this Code of Ordinances.
9.14 ENFORCEMENT.
This ordinance shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this Code of Ordinances. Special provisions applicable to violations of the Traffic Code are as follows:
Deposits and Stipulations
1. 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.
2. Delivery or Mailing of Deposits and Stipulations. The deposit and stipulation shall be delivered personally by the person cited or mailed to the Clerk of the Municipal Court.
9.15 REFERENCES TO WISCONSIN STATUTES
(1) Statues Specifically Incorporated by Reference. Whenever this code incorporates by reference specific sections of the Wisconsin Statutes, such references shall mean the Wisconsin Statutes of 1989 as from time to time amended, repealed or modified by the Wisconsin Legislature.
(2) General References. General references in this code to Wisconsin statutory sections of 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.
9.16 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.
