Ordinance #159
Miscellaneous
Disorderly Conduct with a Motor Vehicle - City of Waupun

ORDINANCE NUMBER 00-01

AN ORDINANCE TO AMEND CHAPTER EIGHT OF THE MUNICIPAL CODE OF THE CITY OF WAUPUN ENTITLED "ORDERLY CONDUCT."

THE COMMON COUNCIL OF THE CITY OF WAUPUN, DO ORDAIN

SECTION 1: Section 8.045 of the Municipal Code of the City of Waupun entitled DISORDERLY CONDUCT WITH MOTOR VEHICLES is amended to add the following subsection:

(9)(a) Except as provided in s. 347.38(l), no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification device emitting sound from the vehicle that is audible under normal conditions from a distance of 75 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition. This subsection does not apply to any of the following:

1. The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law of when responding to but not upon returning from a fire alarm.

2. The operator of a vehicle of a public utility, as defined in s. 11.40(l)(a).

3. The operator of a vehicle that is being used for advertising purposes.

4. The operator of a vehicle that is being used in a community event or celebration, procession or assemblage.

5. The activation of a theft alarm signal device.

6. The operator of a motorcycle being operated outside of a business or residence district.

(b) A law enforcement officer, at the time of issuing a citation for a violation of subsection (a) above, may seize any radio, electric sound amplification device or other sound-producing device used in the commission of the violation if the person charged with such violation is the owner of the radio, electric sound amplification device or other sound-producing device and has 3 or more prior convictions within a 3-year period of this same violation or a violation of Section 8.02(2) of this Code. Any device which is seized under this subsection may be disposed of through the procedure set forth in Section 66.948(2) of the Wisconsin Statutes.

(c) The vehicle may be impounded for not more than five (5) working days to permit the City to remove the radio, electric sound amplification device or other sound-producing device, if the vehicle is owned by the person charged with a violation of subsection (a) above and the sound-producing device may not easily be removed from the vehicle. On removal of the sound-producing device, an impounded vehicle shall be returned to its rightful owner on payment of the reasonable costs of impounding the vehicle and removing the sound-producing device.

SECTION 2: This Ordinance shall be in full force and effect upon its passage and publication as provided by law.