TOWN OF BELL, BAYFIELD COUNTY, WISCONSIN

Ordinance Regulating Stopping, Standing or Parking of Vehicles within the Town of Bell

Amended Ordinance No. 19-03

The Town Board of the Town of Bell, Bayfield County, State of Wisconsin, being duly assembled at a regular Town Board meeting on May 14,2019, does hereby ordain that the Town of Bell Ordinance 1987-03 pertaining to Parking is hereby rescinded and replaced by Ordinance No. 19-02 Regulating Stopping, Standing or Parking of Vehicles within the Town of Bell is hereby created to read as follows:

SECTION (1)- STATE TRAFFIC LAWS ADOPTED.

A. Except as otherwise specifically provided in this Ordinance, the statutory provisions in Wis. Stats. Chapters 340-351, and Chapter Trans 305, Wis. Adm. Code, 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 stator penalty is a term of imprisonment, are hereby adopted by reference and incorporated herein as if fully set forth. Any act required to be performed or prohibited by any regulation incorporated herein by reference is required or prohibited by this article. Any future amendments, revisions or modifications of the statutory regulations in Wis. Stats. Chapter 340-351, incorporated herein, are intended to be made part of this section in order to secure to the extent legally practicable uniform statewide regulation of vehicle traffic on the highways, streets and alleys of the state. Any person who shall, within the Town of Bell, violate any provisions of any statute incorporated herein by reference shall be deemed guilty of an offense under this section.

SECTION (2) – RESTRICTIONS ON STOPPING, STANDING OR PARKING OF VEHICLES.

A. General Parking. The restrictions on stopping and parking vehicles found in Sections 346.50 through 346.55, Wis. Stats., are hereby adopted by reference and made a part of this section with the same force and effect as if fully set f01th herein. For the purpose of this section the definitions of words and phrases contained in Ch. 340, Wis. Stats., are hereby adopted by reference and made apart hereof with the same force and effect as if fully set forth herein.

B. Parking limitations. No person shall park, or cause to be parked, any vehicle, attended or unattended, upon the right-of-way of any Town road or highway in any location where a sign or signs are posted indicating parking is not allowed on the portion of said road or highway where such signage exists. If a road or highway or portion thereof has a sign or signs posted indicated parking is permitted with limitations, then any person parking any vehicle, attended or unattended, shall be subject to the limitations contained on said sign or signs.

C. Snow emergency parking.

1. Definition of a snowstorm: a driving snowstorm accompanied by moderate to heavy snow falling at a minimum rate of one inch per house and accumulating to at least four inches or more, which is accompanied by a strong wind in excess of 25 miles per hour, or driving snow in such a manner as to produce a congestion of traffic or impede the operation of emergency vehicles.

2. Declaration of emergency. The Chairperson of the Town Board or, in his/her absence, the designee of the Chairperson, shall declare a snow emergency during the period of a driving snowstorm or immediately thereafter, whenever traffic becomes congested by reason of said snowfall and the operation of emergency vehicles, including snow removal equipment and machinery, is impeded.

3. Duration of emergency. Such emergency shall exist so long as traffic remains congested and the operation of emergency vehicles is impeded, or likely to be impeded, by the falling of snow and the congestion of traffic upon the streets, alleys, or public parking lots of the Town.

4. Notice of emergency. The Town Chairperson, or other authorized officials, may proclaim the state of emergency by posting notice at the Town Hall or may designate and authorize police officers and snow removal personnel to inform the citizenry of the existence of the emergency.

5. Parking prohibited during emergency. No person shall park any vehicle on any uncleared street, alley or parking lot, either during the period of a snow emergency or immediately thereafter until such Town road or highway, alley or public parking lot has been cleared of snow.

6. Removal of vehicles. Any police officer, traffic officer or designee may remove any vehicle which may interfere with the operation of any snow removal equipment or any emergency vehicle. The cost of removing such vehicle may be charged to the owner or operator thereof, and the removal may be made with help or by a commercial towing service.

SECTION (3)- VIOLATION/PENALTY AND ENFORCEMENT.

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 more than $500.00, 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.

Either the Town Board Chairman or a Code Enforcement Officer appointed by the Town Board shall have authority to issue citations.

SECTION (4)- SAVINGS CLAUSE.

If any section, subsection, sentence, clause or phrase of this Ordinance is held for any reason or be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. The Town of Bell hereby declares that it would have passed and adopted this ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION (5) -EFFECTIVE DATE.

Following passage by the Town of Bell Town Board, this ordinance shall take effect thirty (30) days after the date of posting as provided by sec. 60.80, Wis. Stats.

Adopted by the Town Board of Supervisors for the Town of Bell on the 15th day of May 2019.

Roger Lindgren, Chairperson

Date Published: 6/29/19

Attest: MaryBeth Tillmans – Clerk

 

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