Salem declares snow emergency

Due to impending inclement weather forecasts, the Town of Salem has declared a “Snow
Removal Emergency” for a 48 hour period beginning at 5:00 am on Tuesday, March 5, 2013
and ending at 5:00 am on Thursday, March 7,2013.  For more information regarding
Ch. 470-7 of the Town Code for Snow Removal Emergency:

 

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§ 470-1. State traffic provisions adopted.
§ 470-2. Speed limits.
§ 470-3. Through streets designated.
§ 470-4. Parking regulations.
§ 470-5. Erection of official traffic signs and signals.
§ 470-6. Weight limitations on roads.
§ 470-7. Snow removal emergency.
§ 470-8. All-terrain vehicles, minibikes and trail bikes.
§ 470-9. Snowmobile routes and regulations.
§ 470-10. Tracked vehicles prohibited.
§ 470-11. Use of pedestrian trails.
§ 470-12. Enforcement.
§ 470-13. Violations and penalties.
Attachments:
470a Speed Limits on Town Roads   
470b Procure, Erect and Maint of Stop Signs   

[HISTORY: Adopted by the Town Board of the Town of Salem 7-18-1991 by Ord. No. 91-07-18 (Ch. 7 of the 1991 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Operation of motor vehicles in parks — See Ch. 396.
Snow removal — See Ch. 456.
Vehicle storage and abandonment — See Ch. 474.

§ 470-1. State traffic provisions adopted.

Except as otherwise specifically provided in this chapter, the statutory provisions in Chs. 340 through 348, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, and Chapter 350, , Wis. Stats., exclusive of any regulation for which the statutory penalty is a fine or term of imprisonment, are 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 statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on highways, streets, and alleys of the state.

§ 470-2. Speed limits.

[Amended 4-12-2004 by Ord. No. 04-04-12C]

The provisions of § §§ 346.57 through 346.59, Wis. Stats., relating to the maximum and minimum speed of vehicles are hereby adopted as part of this chapter as though fully set forth herein; provided, however, that no person shall operate a motor vehicle on any roads within the Town of Salem in excess of limits adopted by the Salem Town Board by resolution from time to time and indicated by official signs. Editor’s Note: See Appendix A, Speed Limits on Town Roads, at the end of this chapter.

§ 470-3. Through streets designated.

A. Through streets may be designated by Town Board resolutions.

B. The Town Board may, when it deems it necessary for the public safety, by order and resolution declare any street or highway or portion thereof to be an artery for through traffic and designate areas of no parking and time limitations on parking.

§ 470-4. Parking regulations.

[Amended 12-14-1998 by Ord. No. 98-12-14; 3-12-2007 by Ord. No. 07-03-12]

A. Limitations.

(1) It shall be unlawful for any person to park, stop or leave standing any motorized vehicle or trailer of any description upon any Town road, street or highway or Town right-of-way except in authorized parking zones designated by signs erected in any block or portion thereof for no longer than the period specified on the sign or signs pursuant to resolution of the Town Board.

(2) Except as provided in Subsection A(1), no person shall park, stop or leave standing any motorized vehicle or trailer of any description upon any Town road, street or highway or Town right-of-way of any of the same at any time. Any such parking in the Town is unlawful with the exception of buses used exclusively for the transportation of school children when such buses are loading or unloading such children where red flashing signal lights are used as required by § 346.48(2), Wis. Stats., incorporated into this chapter.

(3) Handicapped parking. Except for a motor vehicle used by a physically disabled person as defined under § 346.503(1), Wis. Stats., no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under § 341.14(1), (1a), (1e), (1m), (1q) or (1r)(a), Wis. Stats., or a special identification card issued under § 343.51, Wis. Stats., or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

(4) No person shall park, stop or leave standing any motorized vehicle or trailer of any description in any authorized parking zone in such a manner as to impede the flow of traffic or otherwise constitute a traffic hazard.

(5) No person shall park, stop or leave standing any motorized vehicle or trailer of any description in a designated fire lane or in a manner which obstructs a designated fire lane.

(6) Upon streets where traffic is permitted to move in both directions simultaneously, where angle parking is not clearly designated by official traffic signs or markers and stopping or parking is authorized or permitted, a vehicle must be parked parallel to the edge of the street, headed in the direction of traffic on the right side of the street.

B. Parks and general public areas.

(1) In the interest of general health, welfare and public safety, and in consideration of the active and ever-increasing use of the parks and general public areas located within the Town, there shall be no motor vehicle or other mode of transportation parking on any road immediately adjacent to any public park or similar public area in the Town for a distance of 100 feet in any direction on such public road where the public road approaches and/or services such public park or public area. Specific parking areas shall be established where practical at such public parks and public areas by specific action of the Town Board and shall be so designated. Parking in any area not designated for public parking by Town Board action and being within the above area limitation shall be prohibited and shall be subject to prosecution.

(2) “No parking” areas as set forth in this section shall be posted with suitable signs and at such intervals as necessary to advise the public that the area in question is a no parking area.

C. Removal of illegally parked vehicles.

(1) Hazard to public safety. Any vehicle parked, stopped or standing in violation of any of the provisions of this chapter is declared to be a hazard to traffic and public safety.

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

(3) Removal by traffic officer. Any traffic 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 a position where parking is permitted.

(4) Removal by private services. 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.

(5) Towing and storage charges.

(a) In addition to other penalties provided by 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 by order of the Town, a charge as set forth on a schedule of charges established by the Town board shall be paid for such towing. 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.

(b) 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.

D. Registration record of vehicle as evidence. When any vehicle is found 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 shall be subject to the applicable forfeiture penalty, provided that the defenses defined and described in § 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation.

E. Removal of parking citations prohibited. No person, other than the owner or operator thereof, shall remove a parking violation or citation from a motor vehicle.

§ 470-5. Erection of official traffic signs and signals.

The Town Board shall authorize and direct the procurement, erection and maintenance of appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation, giving notice of the provisions of this chapter as required by state law. Signs shall be erected in such locations and manner as to give adequate warning to users of the streets, alleys or highways in the Town.

§ 470-6. Weight limitations on roads.

A. Section 348.15, Wis. Stats., so far as it establishes the weight limitations imposed upon Class “A” highways within the Town of Salem, Kenosha County, Wisconsin, shall be and is hereby adopted by reference and incorporated herein as though set forth at length. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Pursuant to the authority granted in §§ 348.16 and 349.15, Wis. Stats., all of the Town roads within the Town of Salem are hereby designated Class “B” highways. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. No person shall operate on a Class “B” highway any vehicle or a combination of vehicles imposing wheel, axle, group of axles, or gross weight on the highway exceeding 60% of the weights authorized in Subsection A of this section, incorporating § 348.15(3), Wis. Stats., without first obtaining a permit as hereinafter provided.

D. Overweight vehicle permit.

(1) Single trip permits. All applications for single trip permits for the movement of overweight vehicles or loads shall be made upon the form prescribed by the Town Board of the Town of Salem and shall be made to the Town Clerk. Single trip permits for overweight vehicles or loads may be issued by the Town Board for use of a Town highway or highways, except that every single trip permit shall designate the route to be used by the permittee.

(2) Annual or multiple trip permits. All applications for annual or multiple trip permits for the movement of overweight vehicles or loads shall be made to the Town Clerk upon forms prescribed by the Department of Transportation of the State of Wisconsin. Annual permits for overweight vehicles or loads may be issued by the Town Board; however, a separate permit is required for each overweight vehicle to be operated upon a highway. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. For good cause in specified instances for a specified construction or maintenance operation or for a specified period, the Town Board may allow loads exceeding the weight limitations imposed by this section to be hauled on such highways.

F. Vehicles or articles transported under a permit are exempt from the restrictions and limitations imposed by this section on weight and load to the extent stated in the permit. Any person who violates a condition of a permit under which he is operating is subject to the same penalties as would be applicable if he were operating without a permit.

G. Permits shall be issued only for the transportation of a single article or vehicle which exceeds statutory weight or load limitations and which cannot reasonably be divided or reduced to comply with statutory weight or load limitations.

H. The Town Board may require the permittee to file a bond, certificate of insurance or certified check which, to the satisfaction of the Board, saves the Town harmless from any claim, loss or damage that may result from the granting of such permit, or that may arise from or on account of any act done pursuant thereto and conditioned to require the permittee to pay for restoration, to a condition satisfactory to the Town Board, any pavement, bridge, culvert, sewer pipe, or other improvement that may be injured by reason of the use of the highways by the permittee. If a permittee refuses to pay for the damage caused, the Town Board may maintain an action upon such bond.

I. The Town Board may require the permittee to file proof satisfactory to said Board that personal injury and property damage insurance in an amount considered sufficient by said Board will be in force to cover any claim for bodily injury or property damage which may occur in connection with operation under the permit and for which the permittee is legally responsible.

J. The Town Board may, for good cause, suspend or revoke such permit after having given the permittee reasonable opportunity for a hearing.

K. Driving and parking commercial trucks restricted.

(1) Notwithstanding any other provision of this chapter, no person shall enter or park any commercial truck on any residential parcel of less than two acres in area within the Town. The term “commercial truck” shall mean any semitractor or trailer, dump truck, tank truck or flat bed truck which is intended for commercial use. Trucks providing specific services to specific residential properties, for example, but not by way of limitation, garbage trucks, driveway pavers, moving or delivery trucks or excavators, shall be exempted from the restrictions of this section while actively engaged in providing services to a residence.

(2) Any person violating this subsection shall be subject to the penalty provided in § 1-4 of this Code.

§ 470-7. Snow removal emergency.

A. Definition. A “snow removal emergency situation within the Town” is defined as a snowfall or blowing snow of such intensity and anticipated duration so as to create hazardous driving conditions or congested traffic on the public streets, roads or highways within the Town, requiring immediate and continuing snow removal operations. In general, a continuing snowfall accumulating snow on road surfaces at the rate of one inch per hour or a snowfall and/or blowing conditions depositing, or expected to deposit, four inches or more of snow on road surfaces shall constitute a “snow removal emergency.” It shall be within the discretion of the Town Chairperson or his or her substitute to make a determination as to whether the above-described conditions exist.

B. Declaration. The Chairperson or any Board member acting on his or her behalf shall declare a snow emergency to exist when conditions are as set forth in Subsection A above. Such notice may be made by radio, newspaper publication, if practicable, and by posting within the Town in the same manner as ordinances are posted; always provided, however, that failure of such notice shall not excuse any person from complying with the provisions of this section.

C. Parking of vehicles.

(1) After the declaration of a snow emergency, no person shall park any vehicle at any time, night or day, on any public street, road or highway within the Town. Any vehicle parked upon any public street, road or highway within the Town may be removed by the Town and stored in public areas to be designated by the Town Board or suitable private facilities maintained for storage of vehicles.

(2) The owner of any such vehicle removed by the Town shall be responsible for all towing and storage costs, which shall be paid before the vehicle is released to the owner, together with any forfeiture as set forth herein.

D. Moving snow into streets. No person shall clear snow from lots, parking areas, driveways, filling stations, garages, commercial areas or other places and pile or redistribute such snow in any public street, road or highway within the Town in any manner which in any way tends to narrow, restrict or obstruct travel or block the vision of motorists or in any way create a traffic hazard or impede snow removal or plowing of such public street, road or highway in the Town. Editor’s Note: See also Ch. 456, Streets and Sidewalks, § 456-5D, regarding prohibited placement of removed snow.

E. Penalties. Any person who shall violate Subsection C(1) or D of this section shall, in addition to the costs of removal and storage of vehicle, be subject to the penalty provided in § 1-4 of this Code.

§ 470-8. All-terrain vehicles, minibikes and trail bikes.

A. State traffic laws adopted. Except as otherwise specifically provided in this chapter, all provisions of § 23.33(1), (3), (4), (4c) through (4x), (5) and (6), Wis. Stats., describing and defining regulations with respect to all-terrain vehicles 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 statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of all-terrain vehicles.

B. Chapter NR 64 adopted. In addition to the sections of the Wisconsin Statutes adopted in Subsection A of this section, there is also adopted in its entirety Ch. NR 64, Wis. Adm. Code, titled “All-Terrain Vehicles” and as it may be amended from time to time.

C. Operation on owner’s premises. Minibikes, trail bikes or other all-terrain vehicles may be operated on the premises owned by the operator or member of the family of the operator if such operator resides on the premises where such vehicle is being operated or on the property of another with the property owner’s written permission. Operation of such vehicle shall be confined to those hours between 8:00 a.m. and 9:00 p.m.

D. Nuisance prohibited. No minibike, trail bike or all-terrain vehicle shall be operated under Subsection C if the operation is such that the noise from such vehicle causes a disturbance and annoyance to other persons residing near the operation.

§ 470-9. Snowmobile routes and regulations.

A. The following Town highways are designated, pursuant to § 350.04(2), Wis. Stats., as snowmobile routes for snowmobile operation:

(1) 306th Court north to CTH C.

(2) 113th Street west from 306th Court to 308th Court.

(3) 308th Court north to 110th Street.

(4) 286th Avenue north from CTH C to 105th Street.

(5) 268th Avenue north from CTH C to 110th Street.

(6) 267th Avenue north from 110th Street to 107th Street.

(7) 269th Avenue north from 106th Street to 104th Street.

(8) 100th Street north from 104th Street to 272nd to CTH SA.

(9) CTH SA west to CTH AH.

(10) 84th Street east from STH  83 to Bristol Town line.

(11) 83rd Place west from STH 83 to west end of road.

B. A public safety officer or other designated official shall post and maintain snowmobile route signs along the routes designated in Subsection A hereof. Such snowmobile route signs shall be in such form as may be promulgated by the Wisconsin Department of Natural Resources pursuant to § 350.13, Wis. Stats. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. No person shall operate a snowmobile on a snowmobile route designated under Subsection A hereof between the hours of 1:00 a.m. and 8:00 a.m.

D. No person shall operate a snowmobile on a snowmobile route designated under Subsection A hereof at a speed in excess of 30 miles per hour; provided, however, that no person shall operate a snowmobile on such designated routes at a speed in excess of the posted speed limit for vehicle traffic, where such posted speed limit is less than 30 miles per hour.

E. Public safety officers shall have authority to enforce all provisions of this section as provided in § 350.17, Wis. Stats. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 470-10. Tracked vehicles prohibited.

[Added 5-9-1994 by Ord. No. 94-05-09C]

A. No person, firm or corporation shall operate or cause to be operated any tracked vehicle or any vehicle with any metal cleat or spike or similar non-rubber wheels or tires or any like vehicle on any street, road or highway within the Town unless, prior to such operation, adequate measures are taken to prevent direct contact of metal tracks, cleats or spikes with the road surface and to prevent damage to the road surface or unless such operation is expressly authorized by the provisions of § 347.45(2)(c), Wis. Stats.

B. Any person, firm or corporation violating this section shall repair or restore any damaged road surface, at the violator’s sole expense. The necessity, extent and adequacy of repair or restoration shall be determined by the Town Highway Superintendent. Repair or restoration shall comply with Town specifications. The Town reserves the option to complete repair or restoration at violator’s expense if such repair or restoration is not completed within 30 days or such other period as established by the Town Board.

C. Any person, firm or corporation violating this section shall be subject to a forfeiture as provided in § 1-4 of this Code for each such violation, together with the applicable costs of prosecution, in addition to any cost or expense associated with repair or restoration as provided in Subsection B. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 470-11. Use of pedestrian trails.

[Added 1-10-2005 by Ord. No. 05-01-10C]

A. No person shall operate any snowmobile, ATV, motorbike or other motorized vehicle on any designated pedestrian trail or walkway within the Town.

B. No person shall operate a skateboard on any designated pedestrian trail or walkway within the Town.

§ 470-12. Enforcement.

A. Enforcement procedure. This chapter shall be enforced according to §§ 66.0114 and 345.20 to 345.53, Wis. Stats., including § 345.28(4) and (5) for nonmoving violations.

B. Deposit.

(1) Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the office of the Municipal Court Clerk or by mailing the deposit to such place. The arresting officer or the person receiving the deposit shall comply with § 345.26, Wis. Stats. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that: Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(a) If he fails to appear in court at the time fixed in the citation, he will be deemed to have tendered a plea of “no contest” and to have submitted to a forfeiture, plus costs not to exceed the amount of the deposit; or

(b) If he fails to appear in court at the time fixed in the citation, and if the court does not accept the deposit as a forfeiture, he will be summoned into court to answer the complaint.

(2) The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by § 345.26(3)(b), Wis. Stats.

(3) If the arrested person deposits his valid Wisconsin operator’s license with the officer, the officer shall issue to the licensee a receipt which shall be valid as a driver’s license through the date specified on the receipt, which shall be the same as the court appearance date, and the officer shall at the earliest possible time prior to the court appearance date deposit the license with the court.

C. Stipulation of no contest. Any person charged with a violation of this chapter, except § 346.62, Reckless driving, Wis. Stats., and § 346.63, Operating under influence of intoxicant or other drug, Wis. Stats., may make a stipulation of no contest pursuant to § 345.27, Wis. Stats., which shall be received at the office of the Municipal Court Clerk within 10 days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make the deposit required under Subsection B if he has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in § 345.37, Wis. Stats.

§ 470-13. Violations and penalties.

[Amended 11-13-2001 by Ord. No. 01-11-13A; 3-12-2007 by Ord. No. 07-03-12]

A. Except as otherwise provided herein, any person violating any provision of this chapter shall be subject to the penalty provided in § 1-4 of this Code. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Parking violations. Notwithstanding any other provision of this chapter, any person to whom a citation has been issued for violation of a Town parking ordinance under § 470-4 of this chapter may settle the Town’s claim by forwarding to the Town Treasurer the applicable amount as set forth in the following table:

Section Initial Forfeiture If Paid Not Less Than 15 or More Than 28 Days After Issuance If Paid Not Less Than 29 or More Than 56 Days After Issuance If Paid More Than 56 Days After Issuance
§ 470-4A(1)(2)(6)or B(1) $15 $30 $35 $40
§ 470-4A(4) or (5) $30 $35 $40 $45
§ 470-4A(3) $50 $60 $75 $100

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