ORDINANCE NO. 1-93
AN ORDINANCE TO REGULATE PARKING WITHIN THE Village of Auburndale, AND TO REQUIRE THE CLEARING OF SIDEWALKS AFTER SNOWFALL BY LANDOWNERS, AND PROVIDING MEANS FOR THE IMPLEMENTATION AND ENFORCEMENT THEREOF.
WHEREAS, the Village of Auburndale desires to regulate parking on the Village streets and to require that landowners keep sidewalks clear of snow and ice within a reasonable time after snowfall;
THEREFORE, THE VILLAGE BOARD OF THE VILLAGE OF AUBURNDALE DOES HEREBY ORDAIN AS FOLLOWS:
That whoever does the Following within the Village of Auburndale shall be in violation of this Ordinance,
Section 1. Restrictions on Parking; Posted Limitations.
(a) Overnight Parking Limitation. No person(s), firm, or corporation shall park or leave standing any automobile, truck, tractor, trailer, or vehicle of any description on any public street within the Village of Auburndale between the hours of 12:00 a.m. and 6:00 a.m.; from November 1 to April 1, except that where more restrictive parking limits have been established, the more restrictive limits shall apply. When any Law Enforcement Officer finds any vehicle standing upon a public street in violation of the provisions of this section, the officer is authorized to move such vehicle or to require the operator in charge thereof to move such vehicle to a position permitted under this Ordinance. The Law Enforcement Officer may cause the said vehicle to be removed to a proper impoundment or storage area within the Village. In such case the owner must pay the cost of removing the vehicle and/or the storage fees accumulated before he/she can possess the vehicle in violation.
(b) Posted Limitations.
01. The Village Board may designate certain streets or portions of streets to no parking, 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 Village shall mark by appropriate signs, each zone so designated in accordance with the provisions of Sec. 349.13, Wis. Stats.
02. 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 this Ordinance.
03. No prohibition, restriction or limitation on parking is effective unless official traffic control device has been placed or erected indicating the particular prohibition, restriction or limitation.
04. 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 ordinance.
05. Suspension Powers of the Village President. For a limited and reasonable period of time, the Village President, with the consent of the Village Board, may suspend parking time limitations upon notification to the Village Constable. In the event there does not exist sufficient time to notify the Village Board of his or her desire to do so because of untimely notice, advance information, or request to the Village President; the Village President is then authorized to take such action without approval of the Village Board.
06. Snow Emergencies.
(1) During any period of time snow plowing is required, no person(s) shall park or leave standing any vehicle upon any highway or street in the Village from 6:00 a.m. until 12:00 a.m.
Section 2. Stopping or Parking Prohibited in Certain Specified Places.
(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:
01. Within an intersection
02. On a crosswalk.
03. On a sidewalk or sidewalk area, except when parking in such place, is clearly indicated by official traffic signs, markers, or parking meters.
04. Alongside or opposite of 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.
05. On any roadway side of any parked vehicle unless double parking is indicated by official traffic signs or markers.
06. Within twenty (20) feet of the driveway entrance to a fire station.
07. 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.
08. In any place or manner so as to obstruct, block, or impede traffic.
09. Within ten (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 any time when parking is prohibited, limited, or restricted by official traffic signs.
11. Upon any bridge.
12. Upon any street or highway within the Village limits where any vehicle faces a direction different from the direction of normal traffic flow for the lane of traffic in which the said vehicle is stopped or standing.
13. In a loading zone.
14. Within four (4) feet of the entrance to an alley, private road, or driveway.
15. Parking in Driveways. No Person shall park or leave standing any motor vehicle in any private driveway without the consent of the owner or lessee of the property upon which such driveway is located, whether or not such driveway is posted to limit or restrict parking.
(c) Parking Vehicle for Repair or to Display For Sale Prohibited. No person(s) shall tand or park a vehicle on any Village street, alley, or public right-of-way for the purpose of repairing the said vehicle or to display such a vehicle for sale.
Section 3. Parking of Vehicle over 10,000 Pounds or 16 Feet Restricted.
(a) No person(s) owning or having control of any truck, trailer, truck power unit, tractor, semi-trailer, bus, or any vehicle combination of vehicles weighing in excess of ten thousand (10,000) pounds gross weigh, over sixteen (16) feet in length, or having an enclosed area of height of more than eight (8) feet from the roadway, shall park same upon any street, avenue, or public way in the Village except upon those streets within a business district as defined by Sec. 340.01, Wis. Stats., between the hours of 6:00 a.m. and 7:00 a.m. One (1) hour of parking will be allowed between 7:00 a.m. and 6:00 p.m. The provisions of this section shall not be deemed to prohibit the lawful parking of such equipment upon any street, avenue, or public way in the Village for the actual loading or unloading of goods, wares, or merchandise, provided, however, the “loading” and “unloading,” as used in this section shall be limited to the actual time consumed in such operation. The Village Board may, however, designate specific truck parking zones. The above-described vehicle may be parked on a yard or in a driveway with the consent of the owner/lessee of the property, provided they are parked in accordance with the other provisions of this Ordinance.
(b) Any vehicle unlawfully parked under Subsection (a) above, may be removed from the street by the order of the Village Constable, and the expense of so moving and storing such vehicle shall be paid by the operator or owner of the said vehicle as forfeiture in addition to the penalties hereafter prescribed.
(c) No operator of a school bus or other bus, regardless of its size, shall park such vehicle in any residential district- on the street, on a lawn, in an alley, in a driveway, or anywhere else except for such time as is reasonably necessary to facilitate the loading or unloading of the vehicle, except that school buses may park at any Village of Auburndale school when required.
Section 4. Prompt Removal of Snow and Ice from Village Sidewalks.
(a) Owner’s Responsibility. The Owner, occupant, or person in charge of each and every building or structure or unoccupied lot in the Village fronting or abutting any street shall clear or cause to be cleared the sidewalk in front of or adjoining such home, building, or unoccupied lot, as the case may be, of snow or ice to the width of such sidewalk within forty-eight (48) hours following cessation of a snowfall or other precipitation and shall cause the same to be kept clear from ice and snow, provided that when the ice has formed on any sidewalk so that it cannot immediately be removed, the persons herein referred to shall keep the same sprinkled with salt, sand, or sawdust. Every person who owns property abutting sidewalks on two intersecting streets shall remove all snow and ice from the sidewalks bordering the crosswalk, including the sidewalk approach ramp.
(b) Village’s Option to Clear Sidewalks. In any case where the owner, occupant, or person in charge of any building or structure or unoccupied lot shall fail to clear their respective sidewalk(s) or sidewalk approach ramp of snow and ice as set forth above the Village may elect to clear the said sidewalk(s) or sidewalk approach ramp without prior notice and bill the responsible land owner. The cost of removal by the Village is $115.00 per incident plus a fee of $25.00 for the first offense, $50.00 fee for the second offense, $75.00 fee for the third offense and increasing by $25.00 for each additional offense. The cost to clean the sidewalk approach ramp is an additional $25.00 per occurrence.
01. The Village shall clear or cause to be cleared all snow and ice from the subject’s sidewalk(s) or sidewalk approach ramp and shall charge the expenses of doing at a rate shown above. The charges shall be set forth in a statement to the Village Treasurer who, in turn shall mail the same to the owner, occupant, or person(s) in charge of the subject premises. If said statement is not paid in full within thirty (30) days the Village Treasurer shall enter the charges in the tax roll as a special tax against the said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate, or as provided under Section 66.615(3)(f), Wis. Stats.
(c) Deposit of Snow on Streets or Sidewalks. No person(s) shall deposit or cause to be deposited any snow or ice taken and removed from his or her premises or elsewhere upon any sidewalk, alley, parkway, public place, or street in the Village. Snow shall not be piled at or near intersections so as to obstruct the view of pedestrians or operators of motor vehicles.
Section 5. Penalties for Violating Sections 1, 2 or 3.
The penalty for any parking violation under these sections shall result in a warning for the first violation, forfeiture of Twenty Dollars ($20.00) for the second violation, forfeiture of Forty Dollars ($40.00) for the third violation and by Twenty Dollars ($20.00) increment increase for each succeeding violation.
Section 6. Enforcement.
Sworn Law Enforcement Officers at all levels within the Village shall have authority to issue citations or complaints for violations of this Ordinance.
(a) Citation Process. The Village Constable shall recommend citations for use in enforcing the parking regulations and sidewalk regulations in this Ordinance. When approved by the Village Board, such citation(s) shall be used for enforcement of parking regulations and sidewalk regulations created by this Ordinance. The citation(s) for parking violations and sidewalk violations shall contain a notice that the person cited may discharge the forfeiture for violation of parking regulations and penalty thereof by complying with Subsection (b) of this section, and may discharge the forfeiture for violation(s) of sidewalk regulations and penalty by complying with Subsection (d) of Section 4.
(b) Discharge of Parking Forfeitures.
(1) Person(s) cited for violation of the parking offenses described and defined in this ordinance may discharge the penalty thereof and avoid court prosecution by mailing or forwarding within five (5) days of the issuance of the citation(s) to the Village Treasurer the minimum forfeiture specified for the violation. If not so forwarded, the penalty may be discharged by forwarding within fifteen (15) days of the date of the citation to the above named office, the amount of Twenty-Five Dollars ($25.00) or Fifty Dollars ($50.00) for the second and successive offenses. When payment is made as provided in this paragraph, no court costs shall be charged.
(2) If the alleged Violator does not deliver or mail a deposit as provided in subparagraph (1), the Village Constable shall forward a copy of the citation to the Village Attorney.
(3) If the alleged violator does not pay the forfeiture or does not appear in court in response to the citation for a parking violation on the date specified in the citation, or if no date is specified on the citation, within twenty-eight (28) days after the citation is issued, the Village 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 Sec. 345.28(4), Wis. Stats.
(4) Law Enforcement personnel receiving deposit for parking violations under this subsection shall pay over such deposit to the Village Treasurer within seven (7) 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.
(5) An Officer authorized to accept deposits under this Section shall qualify by taking the oath prescribed by Sec. 19.01, Wis. Stats.
Section 7. Repeal of Conflicting Ordinances.
All Ordinances or parts of Ordinances and resolutions in conflict herewith are hereby repealed. This Ordinance shall take effect upon passage and publication.
Section 8. Severability.
The provisions of this Ordinance shall be deemed severable and it is expressly declared that the Village Board of Auburndale would have passed the other provisions of this Ordinance irrespective of whether or not one or more provisions may be declared invalid and if any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance and the applications of such provisions to the other persons or circumstances shall not be affected thereby.
Section 9. Effective Date.
This Ordinance shall take effect and will be enforced upon passage and filing with the Village Clerk, and published pursuant to the Wisconsin Statutes.
David Haupt, Village President
Village of Auburndale
Lynn Lingford, Village Clerk
Village of Auburndale