City of Bayfield _ Code of Ordinances

[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992 (§§ 10-1-1 though 10-1-91 and 10-4-1 through 10-4-3 of the 1992 Code of Ordinances). Amendments noted where applicable.]

A. Statutes adopted. Except as otherwise specifically provided in this Code, the statutory provisions in Chs. 340 to 349, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, for which the penalty is a forfeiture only, including penalties to be imposed and procedures for prosecution, 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 any regulation incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutory regulations in Chs. 340 to 349 incorporated herein are intended to be made part of this chapter 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. Any person who shall, within the City of Bayfield, Wisconsin, violate any provisions of any statute incorporated herein by reference shall be deemed guilty of an offense under this section. Each section of the Wisconsin Statutes adopted by this chapter shall bear the same chapter and section number in this Code as it has in the Wisconsin Statutes.

B. Other state laws adopted. There are also hereby adopted by reference the following sections of the Wisconsin Statutes, but the prosecution of such offenses under this chapter shall be as provided in Chs. 340 to 349, Wis. Stats., and the penalty for violation thereof shall be limited to a forfeiture as hereinafter provided in this chapter:

C. Statutes specifically incorporated by reference. Whenever this chapter incorporates by reference specific sections of the Wisconsin Statutes, such references shall mean the Wisconsin Statutes, as from time to time amended, repealed or modified by the Wisconsin Legislature.

D. General references. General references in this chapter 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.

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 chapter as if fully set forth herein.

B. Noncompliance prohibited. No person shall operate or allow to be operated on any highway, street or alley within the City a vehicle that is not in conformity with the requirements of Subsection A or the provisions of § 110.075 and Ch. 347, Wis. Stats., incorporated by reference in § 370-1 of this chapter.

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 § 347.04, Wis. Stats., relating to nonapplicability of demerit points shall apply to owners convicted of a violation of this section.

(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.

(2) Authority of officer. Any law enforcement officer of the City 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.

(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 § 110.075(5), Wis. Stats., 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.

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 Subsection C of this section, together with the costs of prosecution and applicable penalty assessment.

§ 370-3. Official traffic signs and control devices; prohibited signs, signals and markers.

A. Duty of Public Works Director 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 § 370-1, require the erection of traffic control devices for enforcement, the Public Works Director, with the cooperation of the Police Department, 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 Public Works Director, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the City of Bayfield.

B. Code numbers to be affixed to official traffic control devices. The Public Works Director shall cause to be placed on each official traffic control sign a guide board, mile post, signal or marker erected under Subsection A, a code number assigned by the Wisconsin Department of Transportation, and shall also place or direct the placing of code numbers on all existing official traffic control devices as required by the laws of the State of Wisconsin.

C. Prohibited signs and markers in highways. No person other than an officer authorized by this chapter 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 City any sign, signal, marker, mark or monument unless permission is first obtained from the Public Works Director or, where applicable, the State Highway Commission. Any sign, signal, marker, mark or monument placed or maintained in violation of this Subsection shall be subject to removal as provided in Subsection D.

D. Removal of unofficial signs, markers, signals and traffic control devices. The Public Works Director may remove any sign, signal, marking or other device which is placed, maintained or displayed in violation of this chapter or state law. Any charge imposed against premises for removal of a prohibited or illegal sign, signal, marking or device shall be reported by the Public Works Director to the Common Council 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 15 shall be placed upon the tax roll for collection as other special municipal taxes.

When any vehicle is found upon a street or highway in violation of any provision of this chapter 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 chapter and specifically § 370-1 and shall be subject to the applicable forfeiture penalty; provided the defenses defined and described in § 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation.

(1) Notwithstanding the provisions of § 346.48(2)(b)2, Wis. Stats., adopted by reference in § 370-1 to the contrary and except as provided in Subsection B below, 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 crosswalk or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded.

(2) The operator of a school bus equipped with flashing red warning lights shall actuate such lights at least 100 feet before stopping to load or unload pupils or other authorized passengers and shall not extinguish such lights until loading or unloading is completed and persons who must cross the street or highway are safely across.

(3) The operator of a school bus shall use the flashing red warning lights when loading or unloading passengers from either side where the curb and sidewalk are laid on one side of the road only.

(4) The operator of a school bus shall use the flashing red warning lights when loading or unloading passengers in a residential or business district when the passengers are to be loaded or unloaded at a location at which there are:

(5) The operator of a motor vehicle which approaches from the front or rear of any school bus which has stopped on a street or highway when the bus is displaying flashing red warning lights shall stop the vehicle not less than 20 feet from the bus and shall remain stopped until the bus resumes motion or the operator extinguishes the flashing red warning lights. The operator of a school bus, which approaches the front or rear of another school bus that has stopped and is displaying red warning lights, shall stop not less than 20 feet from the other bus, display its red warning lights and remain stopped with red warning lights actuated until the other bus resumes motion or the other operator extinguishes the flashing red warning lights.

B. Pursuant to § 349.21(2), Wis. Stats., the use of flashing red warning lights by school bus operators is prohibited when pupils or other authorized passengers are loaded or unloaded directly from or onto the school grounds or that portion of the right-of-way between the roadway and the school grounds in a zone designated by "school" warning signs as provided in § 118.08(1), Wis. Stats., in which a street or highway borders the grounds of a school.

A. Pursuant to §§ 346.03(3), 346.94(14), 346.95(3) and 347.25(1), (1m)(a) and (b) and (4), Wis. Stats., a marked police vehicle under § 340.01(3)(a), Wis. Stats., may be equipped with a blue light and a red light which flash, oscillate or rotate.

B. If the vehicle is so equipped, the lights shall be illuminated when the operator of the police vehicle is exercising the privileges granted under § 346.03, Wis. Stats. The blue light shall be mounted on the passenger side of the vehicle and the red light shall be mounted on the driver side of the vehicle. The lights shall be designed and mounted so as to be plainly visible and understandable from a distance of 500 feet during normal sunlight and during hours of darkness. No operator of a police vehicle may use the warning lights except when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, when responding to but not upon returning from a fire alarm or when necessarily parked on a highway in a position which is likely to be hazardous to traffic using the highway.

The operator of every vehicle involved in an accident shall, immediately after such accident, file with the Police Department a copy of the report required by § 346.70, Wis. Stats., if any. If the operator is unable to make such report, any occupant of the vehicle at the time of the accident capable of making such report shall have the duty to comply with this section. Such reports shall be subject to the provisions and limitations of §§ 346.70(4)(f) and 346.73, Wis. Stats., specifically that accident reports filed with this section shall be for the confidential use of the Department and shall not be open to public inspection except as permitted by § 346.73, Wis. Stats.

Every operator of a vehicle approaching an intersection at which an official traffic control device is erected in accordance with this chapter shall obey the direction of such official traffic control device as required by the Wisconsin Statutes incorporated by reference in § 370-1 of this chapter. Operators of vehicles approaching a stop sign shall stop before entering a highway as required by § 346.46, Wis. Stats. Operators approaching intersections at which a yield sign has been installed shall yield the right-of-way to other vehicles as required by § 346.18(6), Wis. Stats.

The following streets in the City of Bayfield, in the interest of public safety, are hereby declared to be through streets:

No person shall drive a vehicle at a speed in excess of 25 miles per hour upon any street within the corporate limits of the City.

All streets and alleys within the City of Bayfield, except the following enumerated streets and alleys, are hereby designated Class "B" highways and shall be subject to the weight limitations imposed by § 348.16, Wis. Stats.:

The operator of a vehicle, when approaching any intersection at which has been installed an official yield sign of a type approved by the State Department of Transportation, shall yield the right-of-way to other vehicles which have entered the intersection from an intersecting highway or which are approaching so closely on the intersecting highway so as to constitute a hazard or collision and, if necessary, shall reduce speed or stop in order to so yield.

A. The Common Council may designate certain streets or portions of streets as no parking or no stopping or standing zones or as zones for parking by physically handicapped persons and may limit the hours in which the restrictions apply. The City shall mark, by appropriate signs, each zone so designated in accordance with the provisions of § 349.13, Wis. Stats.

B. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, no person shall stop or park a vehicle in an established no stopping or standing zone when stopping or standing is prohibited. No vehicle shall be parked in a no parking zone during hours when parking is prohibited except physicians on emergency calls or as permitted by state law or elsewhere by the Code of the City of Bayfield.

C. The Chief of Police is hereby granted the authority, within the reasonable exercise of police power, to prohibit, limit the time or otherwise restrict the stopping, standing or parking of vehicles beyond the provisions of Ch. 346, Wis. Stats. The Public Works Director shall have the authority to restrict the turning or movement of heavy traffic and to impose special weight limitations on any highway or portions thereof which, because of the weakness of the roadbed due to deterioration or climatic conditions or other special or temporary conditions, would likely be seriously damaged or destroyed in the absence of any restrictions on heavy traffic movement or special weight limitations.

D. No prohibition, restriction or limitation on parking or restriction on movement or turning of heavy traffic and imposition of special weight limits is effective unless official traffic control devices have been placed or erected indicating the particular prohibition, restriction or limitation.

E. After the parking limitations on any given street have expired, any change of location of not more than one stall following expiration of the parking period allowed shall be and constitute a violation of this chapter.

§ 370-14. Parking restrictions during temporary snow removal or street maintenance.

A. Street maintenance. Whenever it is necessary to clear or repair a City roadway or any part thereof, the Public Works and/or Police Department shall post such highways or parts thereof with signs bearing the words "No Parking - Street Maintenance Work." Such signs shall be erected at least two 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.

B. Temporary parking restrictions for special events. Pursuant to the provisions of § 349.13, Wis. Stats., the Chief of Police is authorized to direct that temporary "no parking" signs be erected by the Public Works Department during parades, festivals and other authorized events that require the regulating of vehicle stopping, standing or parking on City roadways. The temporary regulation shall be limited to the time the event exists or is likely to exist.

A. Parking prohibited at all times. 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:

(3) On a sidewalk or terrace area, except when parking in such place is clearly indicated by official traffic signs or markers or parking meters. "Terrace or sidewalk area" means that area between the sidewalk and the nearest curbline running parallel or generally parallel thereto or in the absence of a sidewalk 10 feet beyond the curbline.

(4) Alongside or opposite any highway excavation or obstruction when such stopping or standing would obstruct traffic or when pedestrian traffic would be required to travel in the roadway.

(5) On the roadway side of any parked vehicle unless double parking is clearly indicated by official traffic signs or markers.

(6) Within a fire lane consisting of either the driveway between the front doors of the Fire Station and the public street or in such places properly designated and marked as fire lanes ordered by the Fire Chief.

(7) Upon any portion of a highway where and at the time when stopping or standing is prohibited by official traffic signs indicating the prohibition of any stopping or standing.

(9) Within 10 feet of a fire hydrant, unless a greater distance is indicated by an official traffic sign.

(10) Upon any portion of a highway where and at the time when parking is prohibited, limited or restricted by official traffic signs.

(12) Upon any street or highway within the City limits any vehicle which faces a direction different from the direction of normal traffic flow for the lane of traffic in which said vehicle is stopped or standing.

B. 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 which such driveway is located, whether or not such driveway is posted to limit or restrict parking.

C. Vehicles not to block private road or driveway, alley or fire lane. No vehicle shall, at any time, be parked so as to unreasonably restrict the normal access to any private road or driveway, alley or fire lane. Said access shall be deemed to be unreasonably restricted if any vehicle is parked within four feet of either side of said access. Upon discovery by a police officer or upon complaint by the owner of any such blocked private road or driveway, alley or fire lane, a law enforcement officer may order said vehicle towed from such position at the risk and expense of the owner of said vehicle.

(1) No person shall stand or park a vehicle on any street, alley, public right-of-way or municipal parking lot in the City for the purpose of repairing said vehicle or to display such vehicle for sale. No person shall park on any street or avenue any vehicles for the primary purpose of advertising.

(2) No person other than an owner and/or operator of a business located on business-zoned property engaged in the regular business of selling vehicles may display a vehicle for sale upon private premises unless the following conditions are met:

(a) Consent to display the vehicle has been given by the owner or lessee of the premises; and

(e) The advertisement or sign for sale of the vehicle is not larger than two square feet.

When official traffic signs indicating such restriction have been erected in accordance with § 370-3 of this chapter, 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.

It shall be unlawful for any person, firm or corporation to permit any construction, compaction, earth-grading or farm machinery which is self-propelled and moves upon the surface of the earth and which is owned or controlled by him to stand for any period of time unattended without locking the ignition system or otherwise rendering said machinery inoperable so as to prevent any person unauthorized by the owner or individual in control thereof from starting said machinery.

Angle parking or parking diagonally is prohibited on all the streets, alleys and highways of the City except as provided herein. All vehicles shall park parallel to, and within one foot of, the curb except where streets and parking lots are so marked for angle parking.

When signs are erected in any block giving notice thereof, no person shall park a vehicle at any time in the following locations:

B. East side of South 6th Street between Rittenhouse Avenue and Washington Avenue.

F. The east side of South Third Street between Rittenhouse and Manypenny Avenues.

No person shall park a vehicle for longer than the time indicated on the streets set forth as follows. This section applies to all persons except physicians and surgeons and other persons authorized to treat the sick under Ch. 147, Wis. Stats.:

Between November 1 and April 1, the following parking regulations shall be applicable:

A. No parking shall be permitted on the east side of streets lying north and south at any time.

B. No parking shall be permitted on the north side of avenues lying east and west at any time.

C. All streets lying south of Washington Avenue and east of Third Street are not included in Subsections A and B. This will be referred to in this section as the "Downtown Area." In the Downtown Area, no parking will be allowed on the east side of streets or on the north side of avenues between the hours of 2:00 a.m. and 6:00 a.m. only. This does not include Rittenhouse Avenue.

D. No parking shall be permitted on either side of Rittenhouse Avenue between Front Street and Sixth Street during the hours of 2:00 a.m. and 6:00 a.m. (CST).

E. After each snowfall of two inches or more, all parked vehicles must be moved to a plowed space on authorized streets or avenues or out of the public right-of-way within 12 hours.

F. In addition to forfeiture penalties under this chapter, the Police Department has the authority to have any vehicle towed at the owner's expense providing the vehicle is creating a nuisance, or in the officer's opinion, public safety is threatened.

(1) There will be no parking permitted on the designated school bus route, from 6:00 a.m. to 4:00 p.m., Monday through Friday, except as posted.

B. Designated school bus route. The following streets comprise the designated school bus route:

C. Penalty. There will be no parking on the above routes during specified times. Cars will be towed away at owner's expense at the discretion of the Police Department if not moved within 12 hours of issuance of a parking ticket, unless it is determined that the parked vehicle represents a hazard, in which case towing will be immediate.

A. Street parking. No person owning or having control of any truck, trailer, truck power unit, tractor, bus or recreation vehicle with a tare or empty weight in excess of 12,000 pounds gross weight, or over 16 feet in length (including accessories, racks, or other physical extensions), or having a height of more than eight feet from the roadway, shall park the same upon any street, avenue, or public way in the City of Bayfield zoned residential between the hours of 7:00 p.m. and 5:00 p.m. The provisions of this subsection shall not be deemed to prohibit the lawful parking of such equipment upon any street, avenue or public way in the City for the actual loading or unloading of goods, wares or merchandise, providing, however, the "loading" and "unloading," as used in this section, shall be limited to the actual time consumed in such operation. The Common Council may, however, designate specific truck parking zones.

B. Removal. Any vehicle unlawfully parked under Subsection A above may be removed from the street by order of a law enforcement officer, pursuant to § 370-26, and the expense of so moving and storing such vehicle shall be paid by the operator or owner of said vehicle as a forfeiture in addition to the penalties hereafter prescribed.

No person other than the owner or operator thereof shall remove a City parking ticket from a motor vehicle.

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 ramp or in any private parking lot or ramp held out for the use of parking for the general public.

B. Traffic regulations applicable. All provisions of § 370-1 of this chapter and of the Wisconsin Statutes and laws incorporated herein by reference shall be applicable on any public parking lot or ramp and on any private parking lot, road or ramp held out for use for the general public for parking or vehicular traffic.

A. Hazard to public safety. Any vehicle parked in violation of this chapter shall be subject to removal by the Police Department; the operator or owner thereof shall pay the costs of removal and in addition shall be subject to the penalty provided for such violation. Any vehicle parked, stopped or standing upon a highway or public parking lot or ramp in violation of any of the provisions of this chapter is declared to be a hazard to traffic and public safety.

B. Removal by operator. Such vehicle shall be removed by the operator in charge, upon request of any law enforcement officer, to a position where parking is permitted or to a private or public parking or storage premises.

C. Removal by traffic officer. Any law enforcement officer after issuing a citation for illegal parking, stopping or standing of an unattended vehicle in violation of this chapter, is authorized to remove such vehicle to an impoundment area. All costs associated with such removal shall be paid by the owner/operator before the vehicle is released from impoundment.

D. 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.

E. Towing and storage charges. In addition to other penalties provided in this chapter, the owner or operator of a vehicle so removed shall pay the actual cost of moving, towing and storage. 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 charge.

A. Storage prohibited. No person owning or having custody of any partially dismantled, nonoperable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public street or highway, parking lot or ramp longer than 48 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 as provided in § 370-26.

B. 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 City of Bayfield.

Pursuant to the provisions of § 118.105, Wis. Stats., the following regulations shall apply to the grounds of the Bayfield School District located within the City:

A. Parking. All parking on grounds of the Bayfield School District from 7:30 a.m. to 4:00 p.m., shall be by permit only and shall be restricted to designated areas. No person shall park any motor vehicle in an area other than that in which he shall have been issued a permit, therefor, nor shall any person park any motor vehicle not displaying such permit, excepting only authorized visitors. All authorized visitors shall park only in areas designated and signed for visitor parking. No person shall park or leave standing any motor vehicle in any area in which parking shall by sign be prohibited, including sidewalks.

B. Speed limits. No person shall, at any time, operate a motor vehicle upon any Bayfield School District grounds at a speed in excess of 10 miles per hour.

C. Vehicles prohibited at specified times. No person shall, at any time, operate a motor vehicle other than a school bus in or upon any drive designated by sign for buses only during the hours of 7:30 a.m. to 8:30 a.m., and during the hours of 3:00 p.m. to 4:00 p.m. Such drives shall be reserved to school buses for the purpose of loading and unloading students.

A. No operator of any motor bus weighing over 8,000 pounds shall permit such motor bus to remain stationary with the main power train running for more than 15 minutes. After such time the motors must be turned off. Only during extreme weather conditions will motors be allowed to run (when temperatures are below 32° F. or above 80° F.). This section does not apply to school buses which are providing services to the local school district.

A. Unnecessary noise and display of power prohibited. It shall be unlawful for any person to operate a motor vehicle in such a manner which shall make or cause to be made any loud, disturbing, or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public or private area in the City of Bayfield.

B. Unnecessary smoke prohibited. It shall be unlawful for any person to operate a motor vehicle in such a manner which shall make or cause to be made any smoke, gases, or odors which are disagreeable, foul, or otherwise offensive which may tend to annoy or disturb another in or about any public or private area in the City.

C. Unnecessary acceleration prohibited. It shall be unlawful for any person to unnecessarily accelerate a vehicle, squeal a vehicle's tires or operate a motor vehicle in such a manner as to leave the roadway and travel across private property to avoid an official traffic control device, sign, or signal.

D. Avoidance of traffic control device prohibited. It shall be unlawful for any person to operate a motor vehicle in such a manner as to leave the roadway and travel across private property to avoid an official traffic control device, sign, or signal.

E. Operation in restricted area prohibited. It shall be unlawful for any person to operate a motor vehicle in such a manner as to leave the roadway and park, stop, or travel upon or across any public or private property, parking lot, driveway, or business service area for any purpose except the official conduct of business located on said property without the consent of the owner or lessee of the property. This section shall specifically include, but not be limited to:

(10) Other similar-type businesses with service driveways or drive-up or drive-through facilities.

F. Stopping and parking prohibited. It shall be unlawful for any person to stop or park a motor vehicle in any manner on any public or private property or parking lot contrary to a regulatory sign posted thereon which may permit parking by certain persons and limits, restricts, or prohibits parking as to other persons without the consent of the owner or lessee of the property. Any vehicle parked in violation of this section may be removed or towed by the property owner at the vehicle owner's expense.

No person shall operate or park any motor vehicle on any pedestrianway or pedestrian overpass within the City of Bayfield except municipal or county maintenance vehicles.

Pursuant to § 349.215, Wis. Stats., those adult persons hired by the School District or Police Department to act as "School Crossing Guards" shall have the authority to stop vehicular traffic and to keep it stopped as long as necessary at their respective school crossings for the purpose of permitting school children to cross the street.

A. Driving over curbing prohibited. It shall be unlawful for any motor vehicle to be driven or backed over any curbing in the City of Bayfield.

B. 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 a safety zone or safety island.

Except as authorized by the Police Department, no person shall sleep overnight in any parked vehicle, recreational vehicle or camper on public or private property.

A. Forfeiture penalty. The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided, together with court costs and fees prescribed by § 814.63(1) and (2) or 814.65(1), Wis. Stats., the penalty assessment for moving traffic violations and the driver improvement surcharge imposed by §§ 757.05 and 346.655, Wis. Stats., 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 60 days. Any person 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 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.

(1) By court. 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, 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 or imprisonment.

(2) By municipality. No person who has been convicted of a violation of any provision of this chapter shall be issued a license or permit by the City, except a dog license, until the forfeiture imposed for such violation and any penalty assessment, court costs and fees or surcharge is paid.

C. Forfeitures for violation of uniform moving traffic regulations. Forfeitures for violations of any moving traffic regulation set forth in the Wisconsin Statutes adopted by reference in § 370-1 shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable Wisconsin Statute, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not be construed to permit prosecution under this chapter for any offense described in Chs. 341 to 349, Wis. Stats., for which an imprisonment penalty or fine may be imposed upon the defendant.

(1) Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeiture for violation of nonmoving traffic violations adopted by reference in § 370-1 as described in Chapters 341 to 349, Wis. Stats., shall be as found in the current edition of the Revised Uniform State Traffic Deposit Schedule.

(a) The penalty for all other parking violations not included above shall be a forfeiture of not less than $10 nor more than $200 for each offense. For a second or subsequent conviction for a violation within a six-month period, any person convicted shall be subject to a forfeiture of not less than $20 nor more than $200 for each offense.

(b) When a forfeiture is imposed, the court may also order the defendant to pay the costs of the action.

(c) In addition, any vehicle so unlawfully parked may be removed from the street, park, or beach area by order of any police officer of the City, and the expense of so moving and storing the vehicle shall be paid by the operator.

E. Other violations. Any person who shall violate any provision of this chapter for which a penalty is not otherwise established by this section shall be subject to a forfeiture of not less than $20 nor more than $200 for the first offense and not less than $30 nor more than $400 for the second offense within two years.

(1) How enforced. This chapter shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this section.

(2) Applicable court procedures. Except where otherwise specifically provided by the laws of the State of Wisconsin or this Code, the traffic regulations in this Code shall be enforced in the Circuit Court in accordance with the provisions of § 345.20(2)(b) and Ch. 800, Wis. Stats.

(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 chapter except those provisions which describe or define nonmoving traffic violations and violations of §§ 346.71 through 346.73, Wis. Stats. Violations of §§ 346.71 through 346.73, Wis. Stats., 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.

(2) Parking citations. The City Attorney and Chief of Police shall recommend to the Common Council a citation for use in enforcing the nonmoving traffic offenses in this chapter. Such citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this chapter, including violations of nonmoving traffic regulations defined and described in the Wisconsin Statutes, adopted by reference in § 370-1, and all provisions regarding nonmoving traffic violations in this chapter. The citation for nonmoving traffic violations shall contain a notice that the person cited may discharge the forfeiture for violation of a nonmoving traffic regulation and penalty thereof by complying with Subsection C(2) of this section. Nonmoving traffic citations may be issued by law enforcement officers or by civilian employees of the Police Department.

(a) Who may make. Persons arrested or cited for violation of moving traffic offenses created by this chapter shall be permitted to make deposits and stipulations of no contest or released by the arresting officer in accordance with the applicable provisions of the Wisconsin Statutes. Stipulations of guilt or no contest may be made by persons arrested for violations of this chapter in accordance with § 66.0114(1)(b), Wis. Stats. whenever the provisions of § 345.27, Wis. Stats., are inapplicable to such violations. Stipulations shall conform to the form contained in the uniform traffic citation and complaint under § 345.11, Wis. Stats.

(b) Delivery or mailing of deposit and stipulation. Any person stipulating guilt or no contest under the preceding subsection must make the deposit required under § 345.26, Wis. Stats., or, if the deposit is not established under such statute, shall deposit a forfeited penalty as provided in the schedule established by the Chief of Police and approved by the Common Council. Deposits may be brought or mailed to the City Treasurer or Police Department within five days of the issuance of the citation in lieu of court appearance.

(c) Receipt required. Every official accepting a stipulation under the provisions of this chapter shall comply with the provisions of §§ 343.28, 345.26(1)(a) and 345.27(2), Wis. Stats., and shall require the alleged violator to sign a statement of notice in substantially the form contained on the uniform traffic citation and complaint promulgated under § 345.11, Wis. Stats. 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 days to the City Treasurer.

(a) Direct payment of penalty permitted. Persons cited (summons not issued) for violation of nonmoving traffic offenses described and defined in this chapter may discharge the penalty thereof and avoid court prosecution by mailing or forwarding within 10 days of the issuance of the citation to the City Treasurer the minimum forfeiture specified for the violation. When payment is made as provided in this subsection, no court costs shall be charged.

(b) Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in Subsection C(2)(a) within 15 days of the date of the citation, the Chief of Police shall forward a copy of the citation to the City Attorney for prosecution.

(c) Registration suspension. If the alleged violator does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified on the citation, within 28 days after the citation is issued, the City may ask the Wisconsin Department of Transportation to suspend the registration of the vehicle involved or refuse registration of any vehicle owned by the person pursuant to the provisions of § 345.28(4), Wis. Stats., and Subsection C(3) below.

(d) Deposits returned to City Treasurer. Officers receiving deposits for nonmoving traffic violations under this subsection shall pay over such deposits to the City Treasurer within seven 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.

(e) Bond. Any official authorized to accept deposits under § 345.26, Wis. Stats., or this section, shall qualify by taking the oath prescribed by § 19.01, Wis. Stats.

(3) Notice of demerit points and receipt. Every officer accepting a forfeited penalty or money deposit under this section shall receipt therefor in triplicate as provided in § 345.26(3)(b), Wis. Stats. Every officer accepting a stipulation under the provisions of this section shall comply with the provisions of §§ 343.28, 345.26(1)(a) and 345.27(2), Wis. Stats., and shall require the alleged violator to sign a statement of notice in substantially the form contained on the uniform traffic citation and complaint promulgated under § 345.11, Wis. Stats.

(a) The City shall participate in the Wisconsin Department of Transportation Traffic Violation and Registration Program as set forth in § 345.28, Wis. Stats., and Ch. Trans 128, Wis. Adm. Code and all amendments or changes thereto.

(b) The Police Department is hereby designated as a delegated authority for purposes of §§ 85.13 and 345.28, Wis. Stats., and Ch. Trans 128, Wis. Adm. Code. The Police Department is authorized to perform, on behalf of the City, all functions required of a local authority under said statutes and code including, but not limited to:

[1] Preparing and completing all forms and notices, notifying the Wisconsin Department of Transportation of unpaid citations for nonmoving traffic violations;

[2] Specifying whether the registration of vehicles involved in unpaid citations for nonmoving traffic violations should be suspended and/or whether registration should be refused for any vehicle owned by persons with unpaid citations for nonmoving traffic violations;

[3] Determining the method by which the City will pay the Wisconsin Department of Transportation for administration of the program; establishing the effective date for participation; and

[4] Taking such other action as is necessary to institute and continue participation in the Wisconsin Department of Transportation Traffic Violation and Registration Program.

(c) The Chief of Police is hereby authorized to assign a member of the Police Department to perform such acts as are necessary to effectuate this subsection.

(d) In addition to all applicable fines and court costs, the cost of using the Wisconsin Department of Transportation Traffic Violation and Registration Program shall be assessed as permitted by § 345.28(4)(d), Wis. Stats. The Police Department may refuse to notify the Wisconsin Department of Transportation of payment on a citation until all applicable fines and costs, including costs assessed under the preceding sentence, are paid.

(e) This subsection shall not be interpreted as requiring that all unpaid citations for nonmoving traffic violations be processed through the Wisconsin Department of Transportation Traffic Violation and Registration Program. The City's participation in such program shall be in addition to any and all other means legally available to enforce such citations.

The provisions describing and defining regulations with respect to all-terrain vehicles in the following-enumerated subsections of § 23.33, Wis. Stats., and any future amendments or revisions, are hereby adopted by reference and made part of this section as if fully set forth herein. Any acts required to be performed by the following statutory subsections or which are prohibited by such statutory subsections are required to be performed by this section or are prohibited by this section:

§ 370-38. Unauthorized operation of motor vehicles on public or private property.

(1) The unauthorized off-road operation of motor vehicles has resulted in serious damage to public and private lands including damage or destruction of vegetation, animal life and improvement to the lands; and

(2) The unauthorized off-road operation of motor vehicles has resulted in the permanent scarring of land and an increase in both erosion and air pollution; and

(3) The unauthorized off-road operation of motor vehicles has resulted in collisions and near collisions threatening the life and safety of the operators of such vehicles as well as of other persons; and

(4) The unauthorized off-road operation of motor vehicles has resulted in a loss of the privacy, quietude and serenity to which the owners and users of land are rightfully entitled.

B. Definitions. For purposes of this section, the terms below shall be defined as follows:

MOTOR VEHICLE — Any vehicle which is self-propelled and shall include but not be limited to automobiles, trucks, jeeps, vans, motorcycles, motorbikes, go-karts, motorized three-wheeled vehicles, all-terrain vehicles, mopeds, snowmobiles, dune buggies and tractors. Motor vehicle shall not mean any airplane, railroad train, boat, wheelchair or bicycle. A vehicle which would otherwise be defined as a motor vehicle under this section shall not be so defined while:

(1) It is being operated solely for the purpose of construction or maintenance of an improvement to land or solely for access to construction or maintenance sites provided such operation is by persons having legitimate business on such lands or sites;

(2) It is being operated by or at the direction of public employees or utility company employees as part of their employment duties.

(3) It is being operated by the holder of an easement or right of access on or over the land on which operation is occurring or the holder's employees or agents.

(2) Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or

(3) Is a private trail for use only by the owner or his permittees for recreational or other vehicular use. "Off-road" shall not include any creekbed, riverbed or lake provided, however, that this subsection shall not apply to snowmobiles or other vehicles being operated on the ice covering such creekbed, riverbed or lake.

OPERATION — The physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.

UNAUTHORIZED — Without the express prior consent of the owner, lessee, manager or other person authorized to give consent by the owner or lessee of land. Authorization shall not be implied from a failure to post private or public land.

(2) Except for authorized maintenance vehicles and snowmobiles or all-terrain vehicles operating in areas authorized by the Common Council, it shall be unlawful to operate any minibike, go-kart, all-terrain vehicle or any other motor-driven craft or vehicle principally manufactured for off-highway use on the City streets, alleys, parks, sidewalks, bikeways, parking lots or on any public lands or private lands or parking lots held open to the public. The operator shall at all times have the written consent of the owner before operation of such craft or vehicle on private lands.

All-terrain vehicles shall be operated in the City in the manner prescribed in §§ 337-5 and 337-6 of Chapter 337, Snowmobiles and All-Terrain Vehicles, of the Code of the City of Bayfield.

. Editor's Note: Original Sec. 10-1-42(a)(13), re: parking upon a terrace or sidewalk, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Subsection A(3) above.

. Editor's Note: Original Sec. 10-1-42(a)(15), re: parking within six feet of an alley, private road or driveway entrance, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Subsection C below.

. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

. Editor's Note: See also Ch. 337, Snowmobiles and All-Terrain Vehicles

	§ Wis. Stats.	Subject
	346.935	Intoxicants in motor vehicles
	941.01	Negligent operation of vehicle off highway
	943.11	Entry into locked vehicle
	943.23	Operating motor vehicles without owner's consent

	Wis. Adm. Code Provision
	Ch. Trans 146, Vehicle registration and fuel trip permits
	Ch. MVD 4, Lettering on vehicles, display of evidence of registration and dual permit Editor's Note: So in original. Updated reference could not be determined.
	Ch. Trans 305, Standards for motor vehicle equipment
	Ch. Trans 326, Motor carrier safety requirements for transportation of hazardous materials
	Ch. Trans 300, Transportation of school children
	Ch. MVD 18, Protective headgear standards and specifications Editor's Note: So in original. Updated reference could not be determined.
	Ch. Trans 304, Slow moving vehicle emblem

§ Wis. Stats.	Subject
23.33(1)	Definitions [including Subsections (a) through (n)]
23.33(2)	Registration
23.33(3)	Rules of operation [including Subsections (a) through (i)]
23.33(4)	Operation on or near highway [including Subsections (a) through (e)]
23.33(5)(a)(c)	Age restrictions
23.33(6)	Equipment requirements [including Subsections (a) through (e)]
23.33(7)	Accidents [including Subsections (a) and (b)]