Chapter 180

VEHICLES AND TRAFFIC

[HISTORY: Adopted by the Village Board of the Village of Holmen as indicated in article histories. Amendments noted where applicable.]

ARTICLE I

Adoption of State Traffic Laws

[Adopted 5-12-1983]

§ 180-1.  State traffic laws adopted. [Amended 10-12-2000 by Ord. No. 1.00]

Except as otherwise specifically provided in this Code, the statutory provision in Ch. 23, 167.31 and 287.81, and Chs. 340 to 350, Wis. Stats., 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 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 statewide regulation of traffic on the highways, streets and alleys of the state. 

§ 180-2.  State forfeiture statutes.

Any forfeiture for violation of the state statutes adopted by reference in § 180-1 of this article shall conform to the forfeiture permitted to be imposed for violation of such statutes as set forth in the Uniform Deposit and Misdemeanor Bail Schedule of the Wisconsin Judicial Conference, including any variations or increases for subsequent offenses, which schedule is adopted by reference.  

ARTICLE II

Vehicle Noise

[Adopted 5-12-1983]

§ 180-3.  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. 

§ 180-4.  Violations and penalties. [Amended 10-12-2000 by Ord. No. 1.00]

The forfeiture for violation of this article shall be as follows: $40, plus statutory court cost and assessments.  

ARTICLE III

Use of Parking Lots and Ramps

[Adopted 5-12-1983]

§ 180-5.  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. 

§ 180-6.  Traffic regulations applicable.

All provisions of § 180-1 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 or ramp held out for use of the general public for parking or vehicular travel.  

ARTICLE IV

Skateboards, Roller Skates, Roller Skis and Play Vehicles

[Adopted 4-11-1991]

§ 180-7.  Use restricted. 

A.     It shall be unlawful for any person to operate or ride a skateboard, roller skates, roller skis, or play vehicle as defined in Sec. 340.01 Wis. Stats. in any of the following places: 

(1)    On Village streets. 

(2)    On any sidewalk in any business district. For purposes of this section, "business district" shall be defined as any area primarily commercial in nature. 

(3)    In any public parking ramp or parking lot. 

(4)    On private property, unless permission has been received from the owner, lessee or person in charge of that property.   

B.     Operators or riders of skateboards, roller skates, roller skis or play vehicles shall yield the right-of-way to other pedestrians using the Village sidewalks, and shall not otherwise endanger or interfere with pedestrian traffic on those sidewalks.   

§ 180-8.  Violations and penalties. [Amended 5-11-2006 by Ord. No. 5.06]

The penalty for violating the provisions herein shall be a forfeiture of not less than $50 nor more than $500 for the first offense and not less than $100 nor more than $1,000 for a subsequent offense, plus court costs.  

ARTICLE V

Parking

[Adopted 1-13-2000]

§ 180-9.  Restricted parking. 

A.     No motor vehicle shall be stopped or parked between 6:00 a.m. and 6:00 p.m. every day, except Sundays and legal holidays, for more than the designated time in the following places: as determined by Village Board. 

B.     Official signs will be erected in appropriate places to designate the above parking restriction. 

C.     An automobile bearing special registration plates issued under Sec. 341.14(1) or Sec. 341.14(1)(a), Wisconsin Statutes, is exempt from the provisions of this article. The parking privilege exemption granted herein is limited to disabled veterans and other persons to whom special license plates were issued as provided herein, and to qualified motor vehicle operators acting under the express direction of a disabled veteran or other disabled person present. 

D.     All streets that are of substandard width as determined by the Village Engineer shall be restricted to parking on one side of the street only, and that side shall be indicated by the placement of proper signs. Parking is prohibited between 1:00 a.m. and 8:00 a.m. on all substandard width streets. Alternate side parking regulations shall not apply to substandard width streets where parking is restricted to one side of the street only. [Added 6-9-2005 by Ord. No. 4.05]   

§ 180-10.  Alternate parking. 

A.     A system of alternate-side parking is hereby established for the Village of Holmen. Between 1:00 a.m. and 8:00 a.m., vehicles shall be parked only on the even numbered side of the streets on those nights with an even calendar date, and on odd numbered sides of the streets on those nights with an odd calendar date; except that where parking is normally permitted only on one side of the street, vehicles may be parked on that permitted side every night.  

B.     Parking on cul-de-sacs is prohibited between 1:00 a.m. and 8:00 a.m. 

C.     This section of the article shall be in effect from November 1 through April 1 of each year. 

D.     This article shall not apply to any federal or state highways within the Village limits of the Village of Holmen. 

E.      Signs shall be erected at all highways and roads leading into the Village at the boundary of the Village, stating: "Alternate parking required and enforced from November 1 through April 1, Village of Holmen Ordinance No. 5.07."   

§ 180-11.  Abandoned vehicles. 

A.     No person shall leave unattended within the Village of Holmen any motor vehicle, trailer, semi-trailer or mobile home on any public highway or public property for more than 48 hours. After 48 hours, the vehicle is deemed abandoned and constitutes a public nuisance. 

B.     Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under State Statute 342.40, except that if the Police Department determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be disposed of to a licensed salvage dealer by the Village prior to expiration of the impoundment period upon determination by the Chief of Police that the vehicle is not wanted for evidence or other reason. 

C.     Any police officer that discovers any motor vehicle, trailer, semi-trailer, or mobile home on any public highway or public property that has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment. 

D.     The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of a vehicle. Costs not recovered from the sale of the vehicle may be recovered in a civil action by the Village against the owner. 

E.      Any abandoned vehicle which is determined by the Police Department to have a value in excess of storage and towing charges shall be retained in storage for a period of 14 days after certified mail notice has been sent to the owner and lien holder of record, to permit reclamation of the vehicle after payment of accrued charges. Thereafter the Police Department may dispose of the vehicle by sale substantially in conformance with accepted commercial standards. 

F.      Within five days after the sale or disposal of a vehicle as provided in State Statute 342.40, the Police Department shall advise the Motor Vehicle Division of the sale or disposition on the form supplied by the Division. 

G.     State Statute reference: 342.40.   

§ 180-12.  Truck/trailer parking restrictions. 

A.     Parking trucks and trailers. 

(1)    No person shall at any time park, stop or leave standing, whether attended or unattended, any trailer (including campers, boats, utility trailers or any towed apparatus) or semi-trailer, whether or not attached or connected to a vehicle on any street or public property from 12:00 a.m. to 6:00 a.m. 

(2)    No person shall park, stop or leave standing, with or without the engine running, any unattended truck tractor, road tractor or any truck with more than four wheels, on any street or public property except in designated areas. 

(3)    The parking restrictions imposed by this section shall not apply to vehicles which are parked for the sole purpose of making deliveries or moving supplies to or from premises abutting the street or while said vehicle is loading or unloading property to or from the abutting premises. 

(4)    A maximum of one semi-tractor, excluding semi-trailer or motor vehicle designed to be operated by an individual holding a commercial driver's license, may be parked at the residence of the operator in a residentially zoned district. Motors shall not idle for more than 15 minutes within a one-hour time period. [Added 5-8-2003 by Ord. No. 2.03^[1]] 

(5)    Any individual who violates this provision and refuses to remove said vehicle within two hours of receipt of notice thereof would have their vehicle towed away at the owner's expense and/or forfeit a penalty as prescribed under § 180-14. [Amended 5-8-2003 by Ord. No. 2.03]   

B.     Parking in no-parking zones and overtime parking. 

(1)    No vehicle shall be parked or left standing in any alley so as to obstruct flow of traffic, except while being loaded or unloaded. 

(2)    The Village Board shall have the authority to designate any portion of a street or alley as a "No Stopping, No Standing, No Parking or Loading Zone" when such action shall be deemed in the interest of public safety and convenience. The Village Board shall have the authority to regulate "no stopping," "no standing" or "no parking" during certain times in certain congested and highly traveled places which create and constitute conditions detrimental to efficient movement of vehicular traffic, health and safety of the citizens and that illegal parking on certain streets impair transportation, fire, health and police protection, and that such emergency and ultra-hazardous conditions exist or are likely to exist repeatedly at certain places at various times of the day. 

(3)    The Village Board shall cause the erection of official signs and/or painting of curbs to designate such areas. 

(4)    No vehicle shall stop, stand or park in a no-stopping, no-standing or no-parking zone designated by an official sign and/or curb marking. 

(5)    No vehicle shall stand, stop or park in a loading zone designated by an official sign and/or curb or pavement marking, except temporarily for the purpose of and while actually engaging in loading or unloading, or in receiving or discharging passengers, and while the vehicle is attended by a licensed operator so that it may promptly be moved in case of an emergency or to avoid obstruction of traffic.   

C.     Removal of violating vehicles. 

(1)    Whenever any police officer finds a vehicle standing upon a highway, alley or public property in violation of a prohibition, limitation, or restriction on stopping, standing or parking provisions of this article, he/she is authorized to order the removal of such vehicle or to require the operator in charge thereof to move such vehicle to a position where parking is not prohibited. 

(2)    Whenever any police officer shall find a vehicle stopped upon the highways designated as tow-away zones, during such time as said tow-away provision is in effect, and thereby in violation of this article, he/she is authorized and directed to cause same to be removed by such towing company as may be designated by the Police Department and stored by the Police Department in storage space, public or private, until the owner shall present to the towing company an order from the Police Department to turn the vehicle over to the operator or owner thereof. 

(3)    Whenever any vehicle has been towed away under this article and has not been redeemed by the owner thereof for a period of 30 days from the day of the violation, it will be deemed an abandoned vehicle or disposed of as provided by Section 66.28 of the Wisconsin Statutes.     

§ 180-13.  Snow emergencies. 

A.     The Chief of Police or Director of Public Works shall determine when there is a snow emergency and will contact the local media. Upon declaration of a snow emergency on radio or television, parking on all Village streets is prohibited except in designated areas. 

B.     All violating vehicles shall be removed following procedures as established in § 180-12C.   

§ 180-14.  Violations and penalties.

The penalty for violation of any provision of this article shall be as follows: 

A.     For each violation, a forfeiture as annually determined by the Village Board shall be paid to the Village Treasurer within 10 days. The forfeiture shall double if paid to the Village Treasurer after 10 days and before 28 days. 

B.     If such forfeiture is not paid within 28 days, the Village will add additional administrative charges and notify the Department of Transportation to suspend the registration of the vehicle involved or refuse registration of any owned vehicle, or both, or issue a warrant for arrest as per Wisconsin State Statute 345.28. [Amended 10-12-2000 by Ord. No. 1.00] 

C.     The Village Board shall annually review all parking penalties and fines, and establish rates for the new year.    

ARTICLE VI

School Bus Warning Lights

[Adopted 8-6-2002 by Ord. No. 5.02]

§ 180-15.  Use of lights and stop arms authorized.

Pursuant to Wisconsin Statutes Section 349.21(1), the Holmen School District Administration is authorized to formulate and execute a policy for the use of flashing red warning lights and stop arms by its school bus operators in the Village on all streets within the Village of Holmen, except as specified by the village Board, where students or other authorized passengers are to be loaded or unloaded at locations where there are no traffic signals and such persons must cross the street or highway before being loaded and after being unloaded.  

ARTICLE VII

Motorized Scooters

[Adopted 4-23-2004 by Ord. No. 2.04]

§ 180-16.  Definition.

A motorized scooter is a "vehicle" because it is a device in, upon or by which any person or property is or may be transported or drawn upon a highway. (Section 340.01(74), Wisconsin Statutes.) A motorized motor scooter is a "motor vehicle" because it is a self-propelled vehicle that does not operate exclusively on rail. (Section 340.01(35), Wisconsin Statutes.) 

§ 180-17.  Unlawful operation.

It shall be unlawful for any person to operate or ride a motorized motor scooter in any of the following places unless the motorized scooter is registered or titled in the State of Wisconsin and the operator has a valid Wisconsin driver's license: 

A.     Highway including highway right-of-way. 

B.     Sidewalks. 

C.     Bike path. 

D.     Any public trail and/or right-of-way.   

§ 180-18.  Violations and penalties.

The penalty for violating the provisions herein shall be a forfeiture of not less than $10 nor more than $50, plus court costs.  

ARTICLE VIII

Speed Limits

[Adopted 1-12-2006 by Ord. No. 2.06]

§ 180-19.  Speed limits.

All Village streets that are of substandard width as determined by the Village Engineer shall have a speed limit of 15 miles per hour, upon approval by the Village Board. Village streets abutting parks may also have a speed limit of 15 miles per hour if the Village Board determines it to be appropriate. All other Village streets shall have a speed limit of 25 miles per hour. All such speed limits shall become effective upon the placement of official speed limit signs.^[2] 

§ 180-20.  Violations and penalties.

A violation of any provision of this article shall be deemed a violation of Wis. Stat. 346.57(5), the penalty for which shall be as specified in the State of Wisconsin Revised Uniform State Traffic Deposit Schedule.  

ARTICLE IX

Neighborhood Electric Vehicles

[Adopted 11-13-2008 by Ord. No. 5.08]

§ 180-21.  Legislative authority; purpose.

This article is adopted pursuant to the authority set forth in Wis. Stats. § 349.26 and adopted for the protection of the public health, benefit and welfare of the Village. 

§ 180-22.  Definitions; requirements.  

A.     As used in this article, the following terms shall have the meanings indicated: 

NEIGHBORHOOD ELECTRIC VEHICLES (NEV) — A self-propelled motor vehicle that has successfully completed the Neighborhood Electric Vehicle America test program conducted by the Federal Department of Energy and that conforms to the definition and requirements for low-speed vehicles as adopted in the Federal Motor Vehicle Safety Standards for "low-speed vehicles" under 49 CFR 571.3(b) and 571.500.  

B.     Neighborhood electric vehicles shall be four-wheeled and have a speed range of at least 20 miles per hour and not more than 25 miles per hour on a paved surface and have a gross vehicle weight at rest of less than 2,500 pounds. NEV does not include an electric golf cart and shall be equipped with the following: 

(1)    Headlamps. 

(2)    Front and rear turn signals. 

(3)    Stop lamps. 

(4)    Reflex reflectors: one red on each side as far to the rear as practicable, and one red on the rear (three total). 

(5)    An exterior mirror mounted on the driver's side and either an exterior mirror on the passenger side or an interior rearview mirror. 

(6)    Parking brakes. 

(7)    A windshield that conforms to the requirements of the federal motor vehicle safety standard on glazing materials (49 CFR 571.205). 

(8)    A vehicle identification number (VIN) that complies with federal law (49 CFR 565). 

(9)    A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209 and Federal Motor Safety Standard No. 209, for each designated seating position.  

(10)  Meets the general test conditions under 49 CFR 571.50056.     

§ 180-23.  Permitted users of neighborhood electric vehicles. 

A.     The use of an NEV is prohibited except as expressly authorized by this chapter. 

B.     To use an NEV on Village streets meeting the criteria set forth in § 180-22A above, the individual driver must have a valid Wisconsin driver's license.   

§ 180-24.  Permitted use of neighborhood electric vehicles on Village streets.

Any driver meeting the requirements of %%'entity-sect'%% 180-23 above may operate a licensed NEV on roadways under the jurisdiction of the Village of Holmen upon which the posted speed limit is 35 miles per hour or less, with the following exceptions: 

A.     An NEV may be used upon connecting highways within the Village of Holmen but only upon those sections where the speed limit is 35 miles per hour or less. The exact locations shall be as promulgated from time to time and at any time by the Village Administrator, who is hereby authorized to do so by the Village Board, as approved by the Wisconsin Department of Transportation. All such locations shall be compiled, kept and updated in written form, and retained on file for public inspection at all times at the Holmen Village Hall lobby, the Holmen Police Department, the Village Clerk's Office and the Village website. Such list of authorized locations is hereby adopted by reference and incorporated herein as if fully set forth verbatim. All additions and changes shall be updated on said list by the Village Administrator and/or their designee(s). 

B.     An NEV may cross county/state trunk highways within the Village of Holmen but only at public intersections where the speed limit upon the county/state trunk highway at that particular intersection is 35 miles per hour or less. The exact locations shall be as promulgated from time to time and at any time by the Village Administrator, who is hereby authorized to do so by the Village Board, as approved by the Wisconsin Department of Transportation. All such locations shall be compiled, kept and updated in written form, and retained on file for public inspection at all times at the Holmen Village Hall lobby, the Holmen Police Department, the Village Clerk's Office and the Village website. Such list of authorized locations is hereby adopted by reference and incorporated herein as if fully set forth verbatim. All additions and changes shall be updated on said list by the Village Administrator and/or their designee(s). 

C.     Subsections A and B are subject to the approval of La Crosse County and/or the Wisconsin Department of Transportation as outlined in Wisconsin Statute § 349.26(3), as from time to time amended or renumbered. 

D.     Headlamps must be on at all times during operation on Village streets.    

§ 180-25.  Operation of neighborhood electric vehicles.

NEVs shall comply with all state and local traffic laws, including but not limited to Chapter 180 of the Village of Holmen Code of Ordinances, and owners and operators of NEVs shall be subject to citations and forfeitures for any such violation. Electrical cords, connections, or other charging devices shall not cross public land, such as a sidewalk, terrace, street, etc. 

§ 180-26.  License.

Neighborhood electric vehicles shall be licensed by the Wisconsin Department of Transportation. 

§ 180-27.  Enforcement.

Any person who violates any provision of this article shall be subject to forfeiture as provided in this chapter. 

§ 180-28.  Violations and penalties.

Uniform fines and penalties: 9.12 Neighborhood electric vehicles 9.14(4) $50-$500.