STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Road Use and Speed Control Ordinance. The purpose of this ordinance is for the Town of ________ to provide for traffic control and to regulate by permit motor vehicle, snowmobile, all-terrain vehicle, and other vehicle and non-vehicular uses and activities on the town highways.
SECTION II – AUTHORITY
This Ordinance was adopted under the statutory authority granted pursuant to [optional the village powers of the town under
s. 60.22, Wis. stats., and]
ss. 66.0425,
82.03,
86.07,
349.06, Wis. stats., [optional (any or all of the following)
s. 23.33 (11),
23.335 (21),
61.35,
62.23 (6),
86.16,
349.11,
349.17, 350.18 (3) (a), Wis. stats.] and
chapters 340 to
348,
350, and
941 to
947, Wis. stats.
SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for traffic control and the regulation by permit of certain motor vehicle, snowmobile, all-terrain vehicle, and other vehicle and non-vehicular uses and activities on the town highways.
SECTION IV – DEFINITIONS
In this ordinance:
A. “All-Terrain Vehicle” means an engine-driven device that has a net weight of 900 pounds or less, has a width of 48 inches or less, is equipped with a seat designed to be straddled by the operator, and is designated to travel on 3 or more low-pressure tires. A low-pressure tire is a tire that has a minimum width of 6 inches, is designated to be mounted on a rim with a maximum diameter of 12 inches, and is designed to be inflated with an operating pressure not to exceed 6 pounds per square inch as recommended by the manufacturer.
B. “Automobile” means any of the following:
1. Type 1 is a motor vehicle designed and used primarily for carrying persons, but that does not come within the definition of a motor bus, motorcycle, moped, or motor bicycle.
2. Type 2 is a motor vehicle capable of speeds in excess of 30 miles per hour on a dry, level, hard surface with no wind, designed and built to have at least 3 wheels in contact with the ground, a power source as an integral part of the vehicle, a curb weight of at least 1,500 pounds, and a passenger and operator area with sides permanently enclosed with rigid construction and a top that may be convertible.
C. “Highway” means all public ways and thoroughfares in the town and all bridges in the town on public ways and thoroughfares, including all of the following:
1. The entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel.
2.
Those roads or driveways in the state, county, or town parks and in state forests that have been opened to the use of the public for the purpose of vehicle travel and roads or driveways upon the grounds of public schools, as defined in
s. 115.01 (1), Wis. stats., and institutions under the jurisdiction of the ________ County Board of Supervisors, but does not include private roads or driveways.
D. “Motor vehicle” means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, that is self-propelled, except a vehicle operated exclusively on a rail. “Motor vehicle” includes, without limitation, an automobile, a commercial motor vehicle, or a vehicle that is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile or all-terrain vehicle is considered a motor vehicle for purposes made specifically applicable by this ordinance, unless noted to the contrary in this ordinance. Any electric personal assistance mobility device shall not be considered a motor vehicle.
E. “Off-highway motorcycle" means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway.
F. “Official traffic-control device” means any sign, signal, marking, or device, not inconsistent with chapters 341 to 349, Wis. stats., placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.
G. “Park” or “parking” means the halting of a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading property or passengers.
H. “Snowmobile” means an engine-driven vehicle that is manufactured solely for snowmobiling, that has an endless belt tread and sled-type runners, or skis, to be used in contact with snow, but does not include a vehicle that is any of the following:
1. A vehicle that has inflatable tires.
2. A vehicle that is driven by a motor of 4 horsepower or less and is operated in sanctioned races, derbies, competitions, or exhibitions or only on private property.
I. “Town” means the Town of ________, ________ County, Wisconsin.
J. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes designees of the board authorized to act for the board.
K. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
L.
“Vehicle” means an automobile and other motor vehicles as defined in
s. 340.01 (35), Wis. stats., and includes, specifically, all of the following:
1. All-terrain vehicle.
2.
Camping trailer, as defined in
s. 340.01 (6m), Wis. stats.
3.
Farm tractor, as defined in
s. 340.01 (16), Wis. stats.
4.
Farm trailer, as defined in
s. 340.01 (17), Wis. stats.
5.
Farm truck, as defined in
s. 340.01 (18), Wis. stats.
6.
Farm truck tractor, as defined in
s. 340.01 (18g), Wis. stats.
7.
Implement of husbandry, as defined in
s. 340.01 (24), Wis. stats.
9.
Mobile home, as defined in
s. 340.01 (29), Wis. stats.
11.
Motor bicycle, as defined in
s. 340.01 (30), Wis. stats.
12.
Motor bus, as defined in
s. 340.01 (31), Wis. stats.
13.
Motorcycle, as defined in
s. 340.01 (32), Wis. stats.
15.
Motor truck, as defined in
s. 340.01 (34), Wis. stats.
16.
Road machinery, as defined in
s. 340.01 (52), Wis. stats.
17.
Road tractor, as defined in
s. 340.01 (53), Wis. stats.
18.
School bus, as defined in
s. 340.01 (56), Wis. stats.
21.
Truck tractor, as defined in
s. 340.01 (73), Wis. stats.
22.
“Utility terrain vehicle," as defined in
s. 23.33 (1) (ng), Wis. stats.
M. “Wis. stats.” means the Wisconsin Statutes, including successor provisions.
SECTION V - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI – SPECIFIC PROVISIONS ON ROADS AND TRAFFIC CONTROL
A. Except for the suspension or revocation of motor vehicle operator's licenses, the town adopts all of the provisions of chapters 341 to 348 and 350, Wis. stats., for which the penalty for violation thereof is a forfeiture, which statutes are incorporated into this ordinance by reference as if fully set forth in this ordinance.
B.
No person may make any excavation in, place any fill upon, install any culvert in, make any alteration in or of, or in any manner disturb any town highway without a permit or approval therefor from the town board or its designee, as authorized by
ss. 66.0425 and
86.07 or
86.16, Wis. stats. Any permit or approval issued under this subsection shall be subject to all of the following conditions:
1. The work shall be constructed subject to and in accordance with all rules and regulations that may be prescribed by the town board and be performed and completed to the town board's satisfaction.
2. In the case of temporary alterations, the highway shall be restored to its former condition, and the permittee shall be liable to the town for all damages that occur during the progress of or as a result of the work.
3. If any culvert is installed, excavation is made, fill is placed, or other alteration is made in violation of the provisions of this subsection, the highway may be restored to its former condition by the town board.
C.
Whenever any town highway is impassable or unsafe for travel, as determined by the town board, or during the construction or repair of any town highway and until it is ready for traffic, the town board may, pursuant to its oversight authority over town highways under
s. 82.03, Wis. stats., close the highway and keep it closed by maintaining barriers at each end of the closed portion. The barriers shall be of such material and construction and so placed as to indicate that the highway is closed and shall be lighted at night. Persons without lawful authority of the town board, or its designees, shall not remove, take down, alter the position of, destroy, or pass over or beyond any barrier so erected, or travel with any vehicle upon any portion of a highway closed by barriers as provided in this subsection, or walk or travel in any manner upon the materials placed upon the closed highway as part of the repair or construction work.
D. 1. The town board shall procure, erect, and maintain appropriate official traffic-control devices, conforming to the uniform traffic control devices manual adopted by the State of Wisconsin, Department of Transportation under
s. 84.02 (4) (e), Wis. stats. Official traffic-control devices shall be erected and maintained in those locations and in the manner authorized by the town board to give adequate warning to users of the highway in question. The town chair or the town chair's designee shall be responsible for installing, repairing, and maintaining authorized official traffic-control devices.
2. The town clerk shall keep an official traffic-control device file and map located in the town clerk's office. The file shall contain a detailed listing of all authorized traffic-control devices as authorized by town board resolution or ordinance and their location in the town.
E. 1. The town board, or its designee, or any law enforcement officer shall attach to a vehicle parking in violation of this subsection a citation to serve as notice to the owner or operator of the motor vehicle that the vehicle has been parked in violation of this subsection. The penalty for a violation of this subsection shall be a fine of $_____ for the first violation within 24 hours and a fine of $_____ for the second and each subsequent violation within 24 hours. Payment of the fine shall be made to the town clerk in accordance with this ordinance.
2. No person may park at any time any vehicle in any area on any highway in the town designated by the town board by resolution or ordinance and marked by official traffic control devices to be an area for pedestrians or other traffic, or as a “no parking” area.
3. No person may park any vehicle on any highway in the town for the primary purpose of advertising or storage.
4. No person may park any vehicle on any highway other than parallel to the highway within the town, unless angle parking lines have been authorized by the town board by resolution or ordinance for a designated area and the roadway marked accordingly by the proper town officials, in which event angle parking within the marked lines is mandatory.
5. No person may leave any motor vehicle on any highway in the town with the motor running or with any generator unit operating, unless the motor vehicle is occupied or attended by an individual licensed to operate the vehicle. Exceptions to this section may be granted for special or unusual circumstances with permission of a law enforcement officer or the town chair.
6. When so provided by the town board by resolution or ordinance and designated by official traffic-control devices giving notice thereof, no person may park any vehicle for a period in excess of that designated by the resolution or ordinance of the town board during the hours and subject to exceptions designated by the resolution or ordinance of the town board and as specified on the official traffic-control devices placed by the town. Temporary moving of a vehicle for a period of less than ____ minutes or moving the vehicle to a nearby similarly restricted parking area less than ______ [designate distance] from the original parking space shall not relieve a person from a penalty under this subsection.
F.
(Optional) The provisions of
ss. 346.57,
346.58, and
346.59, Wis. stats., relating to the maximum and minimum speed of vehicles, are adopted as part of this ordinance as if fully set forth in this ordinance, except that under
s. 349.11 (3) (c), Wis. stats., the following highways have speed limits that have been modified by the town board as follows: [list].
G. 1. (Optional) The town board, by this ordinance and
s. 349.15, Wis. stats., designates the following town highways in the Town of ________ as class “B” highways subject to the weight limits set forth in
s. 348.16 (2), Wis. stats., unless increased by town ordinance: [
list highways, and affected locations if only parts of highways are affected, specifically describing them].
2. The town chairperson, or his or her designee, shall place appropriate traffic signs on the above-described highways on or before the effective date of this ordinance.
3.
No person may operate any vehicle on the above-noted highways in violation of the weight limits set forth in
s. 348.16 (2), Wis. stats. Each trip in violation of this ordinance constitutes a separate offense.
*
H. 1. (Optional) The town board, by this ordinance and
s. 349.16, Wis. stats., establishes the following special or seasonal weight limits effective for the periods stated below on the following Town of ________ town highways: [list individual town highways, applicable weight limits, and dates weight limits are to be in effect]
2.
The town chairperson, or his or her designee, shall erect signs as required under
s. 349.16 (2), Wis. stats., on or before the effective date of this ordinance.
*
3. No person may operate any vehicle on the above-noted highways in violation of the above-noted weight limits without a written permit issued by the Town Board of the Town of ________. Each trip in violation of this ordinance constitutes a separate offense.**
I.
(Optional) The town board, by this ordinance and
s. 349.17, Wis. stats., designates the following highways as heavy traffic routes and designates the following types of motor vehicles that may be operated on these highways: [list].
J.
(Optional) The town board, being authorized to exercise village powers under
s. 60.22, Wis. stats., pursuant to
ss. 61.35 and
62.23 (6), Wis. stats., has adopted an official town map that describes all town highways, bridges, culverts, and other official town infrastructure and their locations. That map is filed with the town clerk.
K.
(Optional) The town has, under
s. 23.33 (11), Wis. stats., adopted an All-Terrain Vehicle [and Utility Terrain Vehicle] Ordinance that regulates all-terrain vehicles [and utility terrain vehicles] and designates all-terrain vehicle routes and trails in the town. This ordinance and the All-Terrain Vehicle [and Utility Terrain Vehicle] Ordinance have been sent to the State of Wisconsin, Department of Natural Resources, the State Traffic Patrol, and to the following law enforcement agencies, specifically: [list]. The following town highways are so designated as all-terrain vehicle routes: [list]. The town has the authority under the All-Terrain Vehicle [and Utility Terrain Vehicle] Ordinance and this ordinance to enforce provisions of this ordinance against violators.
L.
(Optional) The town has, under
s. 23.335 (21), Wis. stats., adopted an Off-highway Motorcycle Ordinance that regulates off-highway motorcycles and designates off-highway motorcycle routes and trails in the town. This ordinance and the Off-highway Motorcycle Ordinance have been sent to the State of Wisconsin, Department of Natural Resources, the State Traffic Patrol, and to the following law enforcement agencies, specifically: [list]. The following town highways are so designated as off-highway motorcycle routes: [list]. The town has the authority under the Off-highway Motorcycle Ordinance and this ordinance to enforce provisions of this ordinance against violators.
M.
(Optional) The town, pursuant to
s. 350.18 (3) (a), Wis. stats., allows the operation of snowmobiles on a town roadway and shoulder of a highway or any portion of a highway that lies within the boundaries of the town for the purpose of residential access or for the purpose of access from lodging.
N.
(Optional) The town has, under
ss. 86.07 and 86.16, Wis. stats., adopted an ordinance regulating pipes or pipelines that transmit liquid manure within or across rights-of-way of town highways. No pipe or pipeline that transmits liquid manure may be placed or installed within or across the right-of-way of a town highway without issuance by the town of a to the owner of the proposed pipeline of permit for the installation and operation of the pipe or pipeline in conformity with that ordinance.
SECTION VII – PENALTY PROVISION
Except for violations of Section VI, subsections A and E, any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION VIII – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION IX – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Sign placement is governed by the Manual on Uniform Traffic Control Devices authorized under
s. 84.02 (4) (e), Wis. stats. The manual may be accessed at the Department of Transportation website at:
Note: See also the form:
349.16 * Permit for overweight vehicles.
