Common Council

A G E N D A CITY OF WAUPUN COMMON COUNCIL Waupun City Hall – 201 E. Main Street, Waupun WI Tuesday, September 08, 2026 at 6:00 PM VIRTUAL AND TELECONFERENCE ACCESS AVAILABLE Join Virtually: https://us02web.zoom.us/j/81976994115?pwd=T0hORVFNTDFjMXV4ZGliV3A5eDI0UT09 Join Teleconference: 1 312 626 6799 Meeting ID: 819 7699 4115 Passcode: 697657 CALL TO ORDER PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION ROLL CALL--Mayor to excuse any absent members PERSONS WISHING TO ADDRESS COUNCIL--State name, address, and subject of comments. (2 Minutes) RESOLUTIONS AND ORDINANCES: 1. Resolution Adopting Stormwater Utility Rates for 2027-2031 2. Resolution Requesting the WI Department of Transportation Conduct an Engineering and Traffic Investigation of the Posted Speed Limit on STH 26 (WIS 26) From US 151 North to Barnes Street 3. Resolution Adopting the City of Waupun Uniform Municipal Court Bond Schedule 4. Ordinance to amend Ch.18.04 entitled Penalty Provisions 5. Ordinance to amend Ch. 18.08 entitled Citations for Violations of Municipal Ordinances 6. Ordinance to Recreate Ch 6.10 Bicycles for the inclusion of Electric Bicycles CONSIDERATION - ACTION 7. Award Bid for Sunrise Ave. Storm Sewer & Fraser Lane Sanitary Extension Project 8. ATC #606142 Y-25 Rebuild Water Treatment Easement with WI Power and Light Co. 9. Memorandum of Agreement Between the City of Waupun and the WI Department of Transportation Regarding Changes in Access to STHH 26 in the City of Waupun 10. Waupun Community Center Gymnasium Upgrades 11. Waupun Community Fund McCune Park Improvements 12. Future Meetings, License-Permit Applications, Expenses MAYORAL CORRESPONDENCE/PRESENTATIONS 13. Proclamation in Recognition of 2026 Suicide Prevention Week- September 6-12, 2026 ADJOURNMENT Upon reasonable notice, efforts will be made to accommodate disabled individuals through appropriate aids and services. For additional information, contact the City Clerk at 920-324-7915. COMMON COUNCIL CITY OF WAUPUN, WISCONSIN RESOLUTION NO. ____ A RESOLUTION ADOPTING STORMWATER UTILITY RATES FOR 2027–2031 WHEREAS, the City of Waupun operates a Stormwater Utility to manage stormwater runoff, maintain drainage infrastructure, comply with applicable regulatory requirements, and provide for necessary stormwater capital improvements; and WHEREAS, the City has completed a Stormwater Rate Study evaluating the financial needs of the Stormwater Utility over the five -year period of 2027 through 2031, including projected operating and maintenance costs, capital improvements, debt service, and appropriate reserve levels; and WHEREAS, Appendix A of the Stormwater Rate Study evaluates an accelerated capital improvement scenario that includes construction of the Pattee Pond and Edgewood Pond, with the associated project costs financed through long-term borrowing; and WHEREAS, the Common Council has determined that adoption of the rates presented in Appendix A will provide sufficient revenues to support the anticipated operating, capital, and debt service requirements of the Stormwater Utility while maintaining appropriate utility reserves; and WHEREAS, stormwater utility charges are based upon Equivalent Residential Units (ERUs), with one ERU representing 3,408 square feet of impervious area, and the City's rate structure applies a uniform ERU rate across customer classes. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Waupun, Wisconsin, that the following monthly Stormwater Utility rates per Equivalent Residential Unit (ERU) are hereby adopted: Year Monthly Rate per ERU 2027 $10.00 2028 $10.30 2029 $10.40 2030 $10.50 2031 $10.70 BE IT FURTHER RESOLVED, that each annual rate shall become effective January 1 of the applicable year and shall remain in effect until superseded by a subsequent rate adopted by the Common Council. BE IT FURTHER RESOLVED, that the City shall continue to apply the existing ERU methodology and billing structure in determining stormwater utility charges for individual properties. BE IT FURTHER RESOLVED, that the Stormwater Utility rates shall be periodically reviewed to ensure that revenues remain sufficient to support operating expenses, debt service, capital improvements, and appropriate reserve levels. BE IT FURTHER RESOLVED, that City staff are authorized and directed to implement the rates established by this Resolution beginning January 1, 2027. CITY OF WAUPUN This Resolution was adopted and approved by the Common Council of the City of Waupun on the ___ day of ____, 2026. __________________________________ Rohn W. Bishop, Mayor ATTEST: __________________________________ Angela J. Hull, City Clerk CITY OF WAUPUN COMMON COUNCIL RESOLUTION NO. ___ RESOLUTION REQUESTING THE WISCONSIN DEPARTMENT OF TRANSPORTATION CONDUCT AN ENGINEERING AND TRAFFIC INVESTIGATION OF THE POSTED SPEED LIMIT ON STH 26 (WIS 26) FROM US 151 NORTH TO BARNES STREET WHEREAS, the City of Waupun (the “City”) is a municipal corporation organized under the laws of the State of Wisconsin, with authority under Wis. Stat. § 62.11(5) to act for the health, safety, and general welfare of its residents; and WHEREAS, State Trunk Highway 26 (WIS 26) from its intersection with US Highway 151 north to Barnes Street (the “Corridor”) lies within the corporate limits of the City and functions as a primary access route serving adjacent and developing areas of the community; and WHEREAS, pursuant to Wis. Stat. § 349.11, the Wisconsin Department of Transportation (“WisDOT”) holds primary jurisdiction to establish and modify speed limits on the state trunk highway system based upon an engineering and traffic investigation; and WHEREAS, WisDOT last reviewed the posted speed limit on the Corridor in 2024 and, based on that review, determined that a reduction in the posted speed limit was not warranted at that time; and WHEREAS, since that review, the City has approved and continues to process industrial, residential, commercial, and mixed-use development adjacent to and served by the Corridor, resulting in increased traffic along the Corridor beyond conditions considered in the 2024 review; and WHEREAS, WisDOT’s Traffic Engineering, Operations & Safety Manual (TEOpS Chapter 13) provides that for urban and suburban roadways, and for roadways that serve as main streets through developed areas of communities, speed limits should reflect roadway context factors — including adjacent land use, access point den sity, and pedestrian and bicycle activity — and that speed performance data, such as 85th-percentile free-flow speed or historical crash frequency, should not be relied upon as the sole criterion in establishing a speed limit; and WHEREAS, the Common Council finds that the development occurring and anticipated along the Corridor since the 2024 review constitutes a material change in roadway context warranting a new engineering and traffic investigation, conducted independently of and in addi tion to any prior analysis based on speed and/or historical crash data; and WHEREAS, the City desires to work proactively and cooperatively with WisDOT to address public safety along the Corridor in advance of increased traffic and pedestrian conflict asso ciated with this development, rather than in response to a crash history; and WHEREAS, the City recognizes that requests for a speed zone review on the state trunk highway system should be submitted in writing by the Mayor, another elected or appointed official, or a governing body, and desires that this Resolution serve as the City’s formal, written request to WisDOT; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Waupun hereby formally requests that WisDOT conduct a new engineering and traffic investigation, pursuant to Wis. Stat. § 349.11(1)(a), of the posted speed limit on WIS 26 from US Highway 151 north to Barnes Street. BE IT FURTHER RESOLVED, that the Common Council requests that WisDOT’s investigation give full consideration to the roadway context factors identified in TEOpS Chapter 13, including current and anticipated adjacent development, access point density, and pedestrian and bicycle generators along the Corridor, and that the investigation not rely solely on historical crash data or 85th -percentile free- flow speed. BE IT FURTHER RESOLVED, that the City Administrator, or her designee, is directed to transmit this Resolution to the WisDOT Northeast Region office, together with supporting documentation of development approved and pending along the Corridor, and to serve as the City’s primary point of contact for this request. BE IT FURTHER RESOLVED, that the Mayor and City Administrator are authorized to coordinate with WisDOT staff, provide additional data or analysis as re quested, and pursue reasonable measures within the City’s own authority — including access management and roadway design considerations — in support of a favorable determination. BE IT FURTHER RESOLVED, that the City Clerk is directed to transmit a copy of this Resolution to the City’s State legislative delegation. Adopted this _____ day of _______________, 2026. CITY OF WAUPUN _______________________________ Rohn W. Bishop, Mayor ATTEST: _______________________________ Angela J. Hull, City Clerk COMMON COUNCIL CITY OF WAUPUN, WISCONSIN RESOLUTION NO. ____ RESOLUTION ADOPTING THE CITY OF WAUPUN UNIFORM MUNICIPAL COURT BOND SCHEDULE WHEREAS, the City of Waupun has adopted ordinances regulating conduct within the City and providing for the enforcement of such ordinances through the issuance of municipal citations; and WHEREAS, the City of Waupun utilizes a bond/deposit schedule to establish uniform deposit amounts for violations of City ordinances prosecuted in Municipal Court; and WHEREAS, the Common Council finds that formally adopting a uniform municipal court bond schedule promotes consistency and efficiency in the enforcement and administration of City ordinances; and WHEREAS, the City has prepared the 2026 Waupun Bond Schedule, updated July 2026, identifying applicable City ordinance sections, violations, and corresponding deposit amounts. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Waupun, Wisconsin, as follows: This Resolution was ado pted and approved by the Common Council of the City of Waupun on the ___ day of ____, 2026. __________________________________ Rohn W. Bishop, Mayor ATTEST: __________________________________ Angela J. Hull, City Clerk Ordinance Statute Deposit Chapter 6 - Traffic Code 6.05(2)(c) Street Sorage - Other Than Motor Vehicle $100 6.05(3)(F) Street Storage Prohibited $100 6.05(4)(a) Violation Of Winter Parking - On Street $100 6.05(4)(c) Violation Of Winter Parking - Parking Lot $100 6.05(7) Violation Of 12 Hour Parking $100 6.10(2)(a) Operate Bike W/Out Owners Consent $50 6.10(3)(b)(10) Attach To Moving Vehicle $20 6.10(3)(b)(2) No Headlamp Or Reflector On Bik $20 6.10(3)(b)(4) Riding On Sidewalk 10 Yoa Or Older $50 6.10(3)(b)(5) Riding Bike In Downtown Area $20 6.10(3)(b)(9) More Than One Rider On Bike $20 6.12(5)(a) Operate ATV w/o DNR Registration $75 6.12(5)(b) ATV/UTV Rules of the Road $200 6.12(5)(c) ATV Operation Between 10pm-6am $100 6.12(5)(d) Operate ATV in Excess of Speed Limits $200 6.12(5)(h) ATV Operation Park/Sidewalk/Bike Lane $75 6.12(5)(i) ATV on Public Property w/Key in Ignition $50 6.12(5)(j) Operate ATV w/o Proof of Insurance $10 6.12(5)(l) Operate UTV w/o Valid License $30 6.13(2) In-Line Skating On Restricted Streets $100 6.13(4) In-Line Skating Must Ride Single File $100 6.13(5) In-Line Skating On Roadway- After Dark $100 6.13(6) In-Line Skating On Sidewalk Over Age 13 $100 6.13(7) In-Line Skating While Attached To Vehicle $200 Chapter 7 - Streets and Sidewalks 7.06(1) Obstructions/Enchroachments $75 7.07(1) Snow And Ice Removal Required Within 24 Hours $50 7.07(2) Deposit Snow And/Or Ice On Public Way $50 7.11 Building Number Required $50 Chapter 8 - Orderly Conduct 8.01(1) Discharge And Carry Firearms And Guns $300 8.01(2) Throw/Shoot Arrow, Stone, Or Missiles $75 8.01(3) Control Of Open Burning $75 8.01(4) 167.10 Sale/Discharge Of Fireworks $100 8.01(5) Obstructing Streets And Sidewalks $50 8.02(1)(a) Disorderly Conduct - Language $250 8.02(1)(b) Disorderly Conduct - Physical, Fight, Or Braw $250 8.02(1)c Misconduct On Public Grounds $250 8.02(1)(c)(4) In City Park After Hours $50 8.02(1)(d) Smoking On School Grounds $25 8.02(10)(a) Misuse Of Telephone - Threats $200 2026 Waupun Bond Schedule Updated July 2026 Page 1 8/5/2026 8.02(10)(b) Misuse Of Telephone - Obscene, Lewd $200 8.02(10)(c) Misuse Of Telephone - Constant Ringing $200 8.02(2) Loud And Unnecessary Noise $100 8.02(4) Resist/Obstruct Officer (Forfeiture) $300 8.02(6) Impersonating An Officer $500 8.02(8) Dog Causing Injury-Without Notice $200 8.02(8) Refuse/Comply Rabies Quarantine Order $500 8.02(8) Dog Quarantine-Human Health Risk $500 8.02(8)(c) Number Of Dogs And Cats Limited $40 8.02(8)(d) 95.21(2) Fail/Have Dog Vaccinated Against Rabies $50 8.02(8)(g) Viscious Animal $75 8.02(8)(i) Leashing Of Animals $20 8.02(8)(j) Sanitation Of Animals $50 8.02(8)(k) Habitually Barking, Howling, Yelping Dog $50 8.02(8)(l) Animals Running At Large $100 8.02(9) Mistreatment Of Animals $75 8.02(9)(d) Inadequate Food And Drink $50 8.02(9)(e) Inadequate Shelter $50 8.025(3)(a) Keeping in Excess of Four Chickens $100 8.025(5)(a) Own or Keep Chickens Without Permit $100 8.025(7)(a) Chickens Too Close to Property Line $100 8.025(7)(b) Improper Chicken Coop Construction $100 8.025(7)(c) Improper Chicken Coop Maintenance $100 8.025(8)(a) Roosters or Male Chickens Prohibited $100 8.025(8)(b) Free Ranging Chickens Prohibited $100 8.025(8)(c) Keeping Chickens w/o Food and Water $200 8.025(8)(d) Sale of Chicken Eggs Prohibited $100 8.025(8)(e) Fail to Properly Dispose of Deceased Chickens $200 8.025(8)(f) Fail to Provide Veterinarian Care of Ill Chickens $200 8.03(2)(a) Loitering Or Prowling $50 8.03(2)(b) Obstruct Sidewalk Or Streets By Loitering $50 8.03(2)(c) Loitering On Private Property $50 8.03(2)(d) Loitering In Place Of Public Use $50 8.03(3) Indecent Conduct Or Language $150 8.03(5)(a) Curfew Violation $25 8.03(6) Possess/Drink Alcohol On Public Ways $50 8.04(1) Destruction Of Public Or Private Property $200 8.04(10) Theft of Gas $200 8.04(10)(a) Theft-Movable Property $200 8.04(2) Littering Prohibited $75 8.04(4) Presence On Forest Mound Cemetary Grounds $50 8.04(5) Shoplifting $200 8.04(7) Theft Of Library Material $100 8.04(8) Criminal Trespass To Dwelling $200 8.04(9) Receive Stolen Property $200 8.045(1) Disorderly Conduct With A M/V - Leave Marks $150 8.045(2) Disorderly Conduct With A M/V - Fish Tail $150 8.045(3) Disorderly Conduct With A M/V - Lose Control $150 8.045(4) Disorderly Conduct With A M/V - Danger $150 Page 2 8/5/2026 8.045(5) Disorderly Conduct With A M/V - Excess Horn $150 8.045(7) Disorderly Conduct With A M/V - Squeal Turnin $150 8.045(8) Disorderly Conduct With A M/V - Engine Brake $150 8.045(9)(a) Illegal Use Of Radio $100 8.08(1) School Truancy $200 8.08(4) Contribute to Truancy $400 8.09(1) Possess Marijuana $100 8.09(2) 948.40(3) Contribute/Delinquency Child $300 8.09(3) Possess Drug Paraphernalia $100 8.11(1) Purchase or Possess Tobacco Products $25 8.11(2) Retail Sale Of Tobacco To Minor $200 8.11(3) Minor Falsify Age To Buy Tobacco $25 8.11(4) Purchase Tobacco Product for Juvenile $500 8.14 Sexting by Minors $200 Chapter 9 - Public Nuisances 9.02(1) Public Nuisance $75 9.02(2)(c) Public Nuisances Affecting Health $75 9.02(2)(d) Public Nuuisance - Stagnant Water Prohibited $200 9.02(4)(s) Vehicle Idle Longer Than 30 Minutes $200 9.02(5)(a) Open Storage Of Unlicensed Or Junk Vehicle $50 9.02(6)(a) Abandoned Motor Vehicle $50 Chapter 10 - Health and Sanitation 10.05(1) Keeping Of Animals Sanitary Requirements $200 10.05(2) Prohibited Keeping Of Animals In Food Establi $200 10.11(2) Control of Noxious Weeds and Rank Growth $100 Chapter 11 - License and Permits 11.01 125.07(4)(b) Illegal Possession or Consumption of Alcohol $100 11.01 125.085(3)(b) ID Card Violations $100 11.01 125.32(3) Violation of Closing Hours $100 11.01(3)(a) 125.69(1)(a) "Liquor Manuf'r Hold Interest/""A"" License" $100 11.01(3)(b) 125.69(1)(b)1 "Liquor Manuf'r Hold Interest/""B"" License" $100 11.01(3)(c) 125.69(1)(c) Liquor Manuf'r Hold Interest/Whsl Permit $100 11.01(4)(k) 125.04(10) Posting Of Licenses $100 11.01(8) 125.07(4)(a) Underage Person-Possess or Attempt to Posess Alcohol $100 11.01(8) 125.07(4)(a)2 Underage Person Present in Tavern $100 11.01(8) 125.07(4)(a)4 Underage Drinking-Falsify Age $100 11.01(8) 125.07(4)(b) Underage Drinking-Possession or Consumption $100 11.01(8)(a) 125.07(1)(a)3 Sell, Give, or Deliver Intoxicants to Minor $250 11.01(8)(d) 125.09(2)(b)3 Possession Of Intoxicants on School Grounds $300 11.01(8)2 125.07(3) Underage Person on Restricted Premise $100 11.02(1) 125.68(2) Peddling/Soliciting W/Out A Permit $40 11.09(1) Dog/Cat License Required $50 Chapter 13 - Building Code 13.45 Minimum Standards - Equipment And Facilities $200 Page 3 8/5/2026 13.45(1) Minimum Standards - Equipment And Facilities $200 13.45(2)(a) Minimum Standards - Equipment And Facilities $200 13.45(2)(b) Minimum Standards - Equipment And Facilities $200 13.45(3) Minimum Standards - Equipment And Facilities $200 13.45(4) Minimum Standards - Equipment And Facilities $200 13.45(6) Minimum Standards - Equipment And Facilities $200 13.45(7) Minimum Standards - Equipment And Facilities $200 13.46(1) Minimum Standards - Equipment And Facilities $200 13.46(2)(a) Minimum Standards - Equipment And Facilities $200 13.46(2)(b) Minimum Standards - Ventalation (B) $200 13.46(2)(c) Minimum Standards - Equipment And Facilities $200 13.46(3)(a) Equipment And Facilities Electrical Service - $200 13.46(3)(b) Equipment - Facilities Electrical Service Sta $200 13.47(1)(a) Maintenance - Floors/Walls - Good Condition/M $200 13.47(1)(b) Maintenance - Floors/Walls - Roof/Rainwater $200 13.47(1)(c) Maintenance - Floors/Walls - Exterior Surface $200 13.47(1)(d) Maintenance - Floors/Walls - Windows Maintain $200 13.47(1)(e) Maintenance - Floors/Walls - Interior Door Ma $200 13.47(2) Requirements For Maintenance - Stairs/Porch $200 13.47(3) Requirements For Maintenance - Plumbing $200 13.47(4) Requirements For Maintenance - Chimney/Smoke $200 13.47(5) Requirements For Maintenance - Discontinue Se $200 13.47(6) (a)-(d) Requirements for Maintenance $200 13.47(6)(a) Maintenance - Cleanliness/Dwelling Rubbish/Ju $200 13.47(6)(b) Maintenance - Cleanliness/Exterior Dwelling M $200 13.47(6)(c) Maintenance - Cleanliness/Exterior Rubbish/Ju $200 13.47(6)(d) Requirements For Maintenance - Cleanliness/Di $200 13.47(6)(e) Requirements For Maintenance - Cleanliness/Fi $200 13.48(1) Conditions For Occupancy Of Dwelling - Floor $200 13.48(2) Conditions For Occupancy Of Dwelling - Habita $200 13.48(3) Conditions For Occupancy Of Dwelling - Ceilin $200 13.48(4) Conditions For Occupancy Of Dwelling - Bathro $200 13.48(5) Conditions For Occupancy Of Dwelling - Baseme $200 13.49(1) Property Responsibilities Of Owners $200 13.49(2) Property Responsibilities Of Others $200 13.49(3) Property Responsibilities - Disposal Of Rubbi $200 13.49(4) Property Responsibilities - Disposal Of Garba $200 13.49(5) Property Responsibilities - Extermination Of $200 13.49(6) Property Responsibilities In Case Of Contract $200 Chapter 16 - Zoning Code 16.01(11)(g) Zoning - Swimming Pool Regulations $200 16.01(11)(i) Zoning - Restricted Parking Of Recreational V $100 16.01(11)(i)2 Rec Vehicle Used as Permanent Structure $500 16.01(11)(i)3 Restricted RV Connections $200 16.01(11)(j) Zoning - Fence Requirements $200 16.03(1)(b)(iv) Off Street Parking of Motor Vehicle $200 16.03(2)(b)(iv) Zoning - Retricted Parking Of Commercial Trai $200 Page 4 8/5/2026 Chapter 25 - Central Business District Design 25.02(4)(a) Sign Violation $200 25.02 Sign Violation $200 Second offense = multiply deposit amount by 3 Page 5 8/5/2026 AGENDA SUMMARY SHEET MEETING DATE: 9/8/26 TITLE: Ordinance to amend Ch.18.04 entitled Penalty Provisions AGENDA SECTION: RESOLUTIONS AND ORDINANCES PRESENTER: Kathy Schlieve, Administrator DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT SUMMARY: Staff have worked with Attorney Mike Devitt to draft the attached revisions to the penalty provisions of Waupun Municipal Code. STAFF RECOMMENDATION: As Council accepted the first reading at the July 28, 2026 Committee of the Whole, it is recommended to waive the second reading and adopt ATTACHMENTS: Redline version of City of Waupun Ordinance 18.04 Penalty Provisions Ordinance to amend Ch.18.04 entitled Penalty Provisions RECOMMENDED MOTION: 1. Motion to accept the second reading of the ordinance to amend Ch.18.04 entitled Penalty Provisions 2. Motion to waive the second reading and adopt Ordinance #-__to amend Ch.18.04 entitled Penalty Provisions 3. Do nothing and the ordinance fails Created: 2026-05-22 13:59:47 [EST] (Supp. No. 21) Page 1 of 2 18.04 PENALTY PROVISIONS. (1) GENERAL PENALTY. Except as otherwise provided, any person who shall violate any of the provisions of this Code shall, upon conviction of such violation, be subject to a penalty which shall be as follows: (a) First offense. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit a fee as established annually by the Common Council on the Fee Schedule, together with the costs of prosecution. not less than $5.00 nor more than $1,000.00, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding ninety (90) days. (b) Second offense. Any person found guilty of violating any ordinance or part of an ordinance of this Code who has previously been convicted of a violation of the same ordinance within one (1) year shall, upon conviction thereof, forfeit a fee as established annually by the Common Council on the Fee Schedule for each such offense, together with the costs of prosecution. not less than $10.00 nor more than $2,000.00 for each such offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding six (6) months. (c) Subsequent offenses. Any person found guilty of violating any ordinance or part of an ordinance in this Code who has previously been convicted of a first and second offense of the same ordinance within one year shall, upon conviction thereof, forfeit a fee as established annually by the Common Council on the Fee Schedule for each such offense, together with the costs of prosecution. not less than $15.00 nor more than $4,000.00 for each such offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding ninety (90) days. (d) Any person found guilty of violating an ordinance or part of any ordinance in this Code who remains default of payment of such forfeiture and costs of prosecution may be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days, provided however, that no person shall be imprisoned under this subsection unless the Common Council has, by resolution duly enacted, authorized the City Attorney to seek such an order from the Court with respect to the p erson. (d)(2) CONTINUED VIOLATION. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this Code. (2) EXECUTION AGAINST DEFENDANT'S PROPERTY. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of any Court for violation of any ordinance of the City, the Court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for such forfeiture and costs. (3) RESTITUTION. In addition to ordering any payment authorized by law, the Cour t may order a defendant to make full or partial restitution. to any victim, or to the City, if the Court finds the following: The statutory provisions in Chapter 800.093, Wis. Stat., are hereby adopted and by reference made a part of this Chapter as if fully set forth herein. (a) The defendant is guilty of violating an ordinance that prohibits conduct that is the same or similar to conduct prohibited by state statute punishable by fine or imprisonment, or both. (b) The violation resulted in damage to the property or physical injury to a person other than the defendant, or resulted in damage to City property or resulted in repair or replacement expense to the City. Created: 2026-05-22 13:59:47 [EST] (Supp. No. 21) Page 2 of 2 An order for restitution may include, without limitation, return of property wrongfully reta ined, cash payment equal to the value of the property on the date of its damage, loss or destruction, or reimbursement for expenses reasonably incurred by the victim or City as a result of the defendant's conduct. Restitution ordered under this section shall be enforceable in a civil action by the victim named in the order to receive restitution. A court may not order a defendant to pay restitution that is greater than the authorized limit for small claims monetary judgments under Wis. Stat. §799.01(d). (4) EXECUTION AGAINST DEFENDANT'S PROPERTY. Whenever any person fails to pay any forfeiture and costs of prosecution on the order of any Court for violation of any ordinance of the City, the Court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for such forfeiture and costs. (5) STATE LAW REFERENCE. Penalty for violation of ordinances, Wis. Stats. §66.0109; outstanding unpaid forfeitures, Wis. States. §66.0115; fines and costs in municipal court, Wis. Stats. §814.65. (4) State law reference(s) - Penalty for violation of ordinances, Wis. Stats. § 66.0109; outstanding unpaid forfeitures, Wis. Stats. § 66.0115; actions for violations of munic ipal ordinances, Wis. Stats. § 66.0114; fines and costs in Municipal Court, Wis. Stats. § 814.65. (Ord. No. 15-08, § 1, 8-11-2015; Ord. No. 23-09, § 10, 11-28-2023; Ord. No. 24-006, § 1, 6-11-2024) COMMON COUNCIL CITY OF WAUPUN, WISCONSIN ORDINANCE NUMBER _________ AN ORDINANCE TO AMEND CHAPTER EIGHTEEN OF TH EMUNICIPAL CODE OF THE CITY OF WAUPUN ENTITLED “PENALTY PROVISIONS.” THE COMMON COUNCIL OF THE CITY OF WAUPUN ORDAINS: SECTION 1: Section 18.04 of the Municipal Code of the City of Waupun entitled Penalty Provisions is amended as follows: 18.04 PENALTY PROVISIONS. (1) GENERAL PENALTY. Except as otherwise provided, any person who shall violate any of the provisions of this Code shall, upon conviction of such violation, be subject to a penalty which shall be as follows: (a) First offense. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $5.00 nor more than $1,000.00, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding ninety (90) days. (b) Second offense. Any person found guilty of violating any ordinance or part of an ordinance of this Code who has previously been convicted of a violation of the same ordinance within one (1) year shall, upon conviction thereof, forfeit not less than $10.00 nor more than $2,000.00 for each such offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding six (6) months. (c) Subsequent offenses. Any person found guilty of violating any ordinance or part of an ordinance in this Code who has previously been convicted of a first and second offense of the same ordinance within one year shall, upon conviction thereof, forfeit not less than $15.00 nor more than $4,000.00 for each such offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding ninety (90) days. (d) CONTINUED VIOLATION. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this Code. (2) EXECUTION AGAINST DEFENDANT'S PROPERTY. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of any Court for violation of any ordinance of the City, the Court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for such forfeiture and costs. (3) RESTITUTION. In addition to ordering any payment authorized by law, the Court may order a defendant to make full or partial restitution. The statutory provisions in Chapter 800.093, Wis. Stat., are hereby adopted and by reference made a part of this Chapter as if fully set forth herein. (4) State law reference(s) - Penalty for violation of ordinances, Wis. Stats. § 66.0109; outstanding unpaid forfeitures, Wis. Stats. § 66.0115; actions for violations of municipal ordinances, Wis. Stats. § 66.0114; fines and costs in Municipal Court, Wis. Stats. § 814.65. SECTION 2: This Ordinance shall be in full force and effect upon its passage and publication as provided by law. Adopted this 8th day of September, 2026. ___________________________________ Rohn W. Bishop, Mayor ATTEST: _________________________________________ Angela J. Hull City Clerk/Treasurer AGENDA SUMMARY SHEET MEETING DATE: 9/8/26 TITLE: Ordinance to amend Ch. 18.08 entitled Citations for Violations of Municipal Ordinances AGENDA SECTION: RESOLUTIONS AND ORDINANCES PRESENTER: Kathy Schlieve, Administrator DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT SUMMARY: Staff have worked with Attorney Mike Devitt to draft the attached revisions to the penalty provisions of Waupun Municipal Code. STAFF RECOMMENDATION: As Council accepted the first reading at the July 28, 2026 Committee of the Whole, it is recommended to waive the second reading and adopt ATTACHMENTS: Redline version of the Ordinance to amend Ch.18.08 entitled Citations for Violations of Municipal Ordinances Ordinance to amend Ch. 18.08 entitled Citations for Violations of Municipal Ordinances RECOMMENDED MOTION: 1. Motion to accept the second reading of the ordinance to amend Ch.18.08 entitled Citations for Violations of Municipal Ordinances 2. Motion to waive the second reading and adopt Ordinance #-__to amend Ch.18.08 entitled Citations for Violations of Municipal Ordinances 3. Do nothing and the ordinance fails Created: 2026-05-22 13:59:47 [EST] (Supp. No. 21) Page 1 of 2 18.08 CITATIONS FOR VIOLATION OF MUNICIPAL ORDINANCES. (1) THE CITATION. The City and its appropriate officers may use citations for violations of local ordinances, including those local ordinances for which a statutory counterpart exists. The citation shall contain the following: (a) Name and address of the alleged violator. (b) Factual allegations describing the alleged violation. (c) Time and place of the offense. (d) Number and section of the ordinance violated. (e) A designation of the offense in such a manner as can readily be understood by a person making a reasonable effort to do so. (f) Time and date in which the violator may appear in court. (g) A statement which in essence informs the violator: 1. That a cash deposit based on the established schedule may be delivered or mailed to the Clerk of Circuit Court Beaver Dam Municipal Court prior to the time of the scheduled court appearance. 2. That if a deposit is made no appearance in court is subsequently summoned. 3. That if a cash deposit is made and the alleged violator does not appear in court, he shall be deemed to have entered a plea of no contest or, if the Court does not accept the plea of no contest, a summons shall be issued commanding him to appear in court to answer the complaint. 4. That if no cash deposit is made and the alleged violator does not appear in court at the specified time, an action may be commenced to collect the forfeiture. (h) A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the required statement has been read. Such statement shall be sent or brought with the cash deposit. (i) Such other information as the City deems necessary. (2) FORM OF CITATION. The form of the citation to be used by the City is on file in the City Clerk's Office is made a part of this section by reference will be uniform for the use of all law enforcement officers and other designated City officials. (3) SCHEDULE OF DEPOSITS. (a) A schedule of deposits shall be established as provided in Chapter 27 of this Code. Cash deposits are established for use with citations issued under this section as follows: 2. For all other violations of this Municipal Code by adults, a fee as established annually by the Common Council on the Fee Schedule deposit shall be used. 3. For all other violations of this Municipal Code by minors, a fee as established annually by the Common Council on the Fee Schedule deposit shall be used. (b) In addition to each deposit, court costs as in effect at the time of the incident shall be added to the deposit according to schedules promulgated by the Circuit Courts of Fond du Lac and Dodge Counties. (b) (c) Deposits shall be made in cash, money order or certified check to the Clerk of the County Municipal Court, who shall provide a receipt therefore. Created: 2026-05-22 13:59:47 [EST] (Supp. No. 21) Page 2 of 2 (4) ISSUANCE OF CITATION. (a) Law Enforcement Officer. Any law enforcement officer may issue citations authorized under this section. (b) Fire chiefs, fire inspectors or other designated official; (c) Building inspector; (d) Electrical inspector; (3) Dog catcher. (5) PROCEDURE. Section 66.119(3), Wis. Stats., relating to violator's options and procedure on default, is hereby adopted and incorporated herein by reference. (6) NONEXCLUSIVELY. (a) Other Ordinances. Adoption of this section does not preclude the Council from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter. (b) Other Remedies. The issuance of a citation hereunder shall not preclude the City or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order. (Ord. No. 23-09, § 10, 11-28-2023) COMMON COUNCIL CITY OF WAUPUN, WISCONSIN ORDINANCE NUMBER ___ AN ORDINANCE TO AMEND CHAPTER EIGHTEEN OF THE MUNICIPAL CODE OF THE CITY OF WAUPUN ENTITLED “CITATIONS FOR VIOLATION OF MUNICIPAL ORDINANCES” THE COMMON COUNCIL OF THE CITY OF WAUPUN ORDAINS: SECTION 1: Section 18.08 of the Municipal Code of the City of Waupun entitled Citations for Violation of Municipal Ordinances is amended as follows: 18.08 CITATIONS FOR VIOLATION OF MUNICIPAL ORDINANCES. (1) THE CITATION. The City and its appropriate officers may use citations for violations of local ordinances, including those local ordinances for which a statutory counterpart exists. The citation shall contain the following: (a) Name and address of the alleged violator. (b) Factual allegations describing the alleged violation. (c) Time and place of the offense. (d) Number and section of the ordinance violated. (e) A designation of the offense in such a manner as can readily be understood by a person making a reasonable effort to do so. (f) Time and date in which the violator may appear in court. (g) A statement which in essence informs the violator: 1. That a cash deposit based on the established schedule may be delivered or mailed to the Beaver Dam Municipal Court prior to the time of the scheduled court appearance. 2. That if a deposit is made no appearance in court is subsequently summoned. 3. That if a cash deposit is made and the alleged violator does not appear in court, he shall be deemed to have entered a plea of no contest or, if the Court does not accept the plea of no contest, a summons shall be issued commanding him to appear in court to answer the complaint. 4. That if no cash deposit is made and the alleged violator does not appear in court at the specified time, an action may be commenced to collect the forfeiture. (h) A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the required statement has been read. Such statement shall be sent or brought with the cash deposit. (i) Such other information as the City deems necessary. (2) FORM OF CITATION. The form of the citation will be uniform for the use of all law enforcement officers and other designated City officials. (3) SCHEDULE OF DEPOSITS. (a) A schedule of deposits shall be established as provided in Chapter 27 of this Code. (b) Deposits shall be made in cash, money order or certified check to the Clerk of the County Municipal Court, who shall provide a receipt therefore. (4) ISSUANCE OF CITATION. (a) Law Enforcement Officer. Any law enforcement officer may issue citations authorized under this section. (b) Fire chiefs, fire inspectors or other designated official; (c) Building inspector; (d) Electrical inspector; (e) Dog catcher. (5) PROCEDURE. Section 66.119(3), Wis. Stats., relating to violator's options and procedure on default, is hereby adopted and incorporated herein by reference. (6) NONEXCLUSIVELY. (a) Other Ordinances. Adoption of this section does not preclude the Council from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter. (b) Other Remedies. The issuance of a citation hereunder shall not preclude the City or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order. SECTION 2: This Ordinance shall be in full force and effect upon its passage and publication as provided by law. Adopted this ___ day of _____, 2026. ___________________________________ Rohn W. Bishop, Mayor ATTEST: _________________________________________ Angela J. Hull City Clerk/Treasurer CHAPTER 6 TRAFFIC CODE — BICYCLE, E- BIKE AND RELATED DEVICE REVISIONS SUMMARY FOR STAFF AND COMMON COUNCIL (DRAFT ORDINANCE 09.07.2026) 1. REVISIONS BY SECTION § 6.10 Bicycles and Electric Bicycles [Revised from the 08.21.2026 Council Draft]  “Bicycle” now expressly excludes motor bicycles (Wis. Stat. § 340.01(30)) and mopeds (§ 340.01(29m)), pedal bicycles with a gas or other power unit, and § 6.10(2)(g)1 bars both from sidewalks, bicycle ways, playgrounds and parks. Without the exclusion, § 346.02(4)(a) (bicycle rules apply to motor bicycles) could have carried the sidewalk permission over.  Sidewalk, playground and park speed limit set at a flat 10 mph; the “reckless manner” clause and the rebuttable presumption above 15 mph are deleted, and § 6.10(2)(g)3 now cross-references the “unsafe operation” offense in § 6.18(5) as the second enforcement tool. Unsafe operation is included instead of reckless manner, to avoid confusion with “reckless driving” as noted below.  Bicycle ways removed from the speed- limited surfaces; a 10-mph cap would make ordinary cycling unlawful on facilities the City designates for cycling, and a sidewalk designated as a bicycle way remains covered because it is still a “sidewalk” under Wis. Stat. § 340.01(58). I don’t know if the City has an intent to designate any of our trails as a bicycle way, but this will allow for this in the future.  Class 3 electric bicycles remain barred from sidewalks, bicycle ways, playgrounds and parks only “with the power unit in operation,” unchanged from the Council version; Wis. Stat. § 347.489(3m) requires a permanent class label on bikes made after 1/1/2018. The sidewalk permission is now stated “subject to Wis. Stat. § 346.806(4),” which bars anyone under 16 from operating a class 3 electric bicycle; the City cannot permit what that statute prohibits.  Rear lighting (2)(d) conformed to current Wis. Stat. § 347.489(1): a steady or flashing red rear lamp may now be used in lieu of the red reflector. The Council draft carried forward older language barring a lamp “in lieu of” the reflector, which prohibited what state law currently allows.  Traffic signals and lane position (2)(e): hand signals are required “in the event any other traffic may be affected” (Wis. Stat. § 346.34(1)(b)); the curb rule now tracks § 346.80(2), that requiring operation as close as practicable to the right- hand edge or curb, with the statutory exceptions for passing, left or U-turns, unsafe conditions, marked bicycle lanes, and the left-side option on multi-lane one-way streets.  Passengers (2)(h) conform ed to Wis. Stat. § 346.79(2): no more persons than the bicycle is designed to carry (the old “handlebars for each person” test dropped). Towing (2)(i): the ban on bicycle trailers is dropped — no state law prohibits them, and it barred ordinary cargo trailers; towing a sled, another bicycle, or a person on skates or a play vehicle remains prohibited.  Former subsection (3) — penalties, parental not ice, parental liability, restitution, ADA accommodation, removal of obstructing bicycles — moved to new § 6.18 so one set of provisions covers every device section; § 6.10(3) now cross- references §§ 6.17 and 6.18.  Authority. Wis. Stat. § 346.94(1) (local permission for sidewalk use); § 349.18(2) (regulation and voluntary registration of bicycles, by ordinance enacted pursuant to § 349.06); § 62.11(5) (police power); helmet rule rests on gap-filling police power per League of Wisconsin Municipalities, The Municipality (Aug. 2026). Local rules that prohibit what chs. 341–348 allow are invalid under § 349.03(1) (see Janesville v. Walker, as discussed in the League article), which drove the (2)(d), (2)(e), (2)(h) and (2)(i) corrections.  A separate “reckless operation” offense was revised as follows. Wis. Stat. § 346.62 is captioned “reckless driving” but its standard is negligent operation (§ 939.25(2)), and § 346.62(1)(d) borrows the § 939.22(44) definition of “vehicle,” that being a self-propelled device, so it may not reach a pedal bicycle at all. Replaced by the locally defined “unsafe operation” offense in § 6.18(5).  Impoundment not included from staff recommendations: Impoundment tied to reckless driving under Wis. Stat. § 349.115(1). The Council at its last meeting directed that impoundment be limited to unclaimed devices; § 349.115(1) reaches only a vehicle used in violating § 346.62, and 66 Op. Att’y Gen. 99 (1977) bars impounding bicycles absent express authorization. § 6.13 In-Line Skating, Play Vehicles, and Motorized Play Vehicles. [Revised]  New defined term “motoriz ed play vehicle”: an electric-motor device designed to transport one or more persons that fits no statutory class, such as electric skateboards, self-balancing one-wheeled boards, electric unicycles; excludes every device defined in Wis. Stat. § 340.01 plus ATV/UTV, snowmobile, NEV, golf cart, any registrable street-legal vehicle, non-transport equipment, and ADA mobility devices. The play-vehicle exclusion is limited to a play vehicle “that is not propelled by an electric motor,” so an electric skateboard or unicycle cannot claim it. As noted, this is intended as a “catch all” for vehicles not otherwise regulated by statute, where the City is permitted to so regulate.  Treatment: (a) roadway operation re stated from Wis. Stat. § 341.04(1) (unregistered motor vehicle; forfeiture under § 341.04(3)); (b) City withholds sidewalk permission under § 346.94(1), with the statutory driveway exception; (c) prohibited in parks, playgrounds, parking lots and other public property under § 62.11(5); (d) private property unaffected.  “Play vehicle” definition now excludes elec tric scooters, conforming to Wis. Stat. § 340.01(43m)(b); without it, § 6.13(2) barred scooters from every City roadway, contrary to § 349.237.  Subsection (2) restated in the affirmative: in-line skating prohibited on the six named streets and play vehicles prohibited on any roadway (Wis. Stat. § 346.78), each with the crosswalk exception that § 349.235(1) and § 346.78 require; the codified text had neither. The same crosswalk exception is added to the sunset- to-sunrise rule in (5).  Seizure provision (former § 6.13(8)) del eted: 66 Op. Att’y Gen. 99; its cited statute, § 66.948(2), no longer exists under that number.  New (9) cross-references §§ 6.17 and 6.18; the section previously had no penalty clause.  Rules modified from staff recommendation: Night-lighting rule, one-way street positioning, and sidewalk yield/audible-signal rule for motorized play vehicles. Each presupposes lawful presence on streets or sidewalks: roadway use is already unlawful under Wis. Stat. § 341.04(1), and a sidewalk operating rule could be read as the local “permission” § 346.94(1) requires. The Outline’s “except within the public roadway” exception is deleted for the same reason.  Not included: A Council-designated permitted area (e.g., a skate park); this is available for later amendment at the direction of the Council. § 6.15 Out-of-Class Electric Vehicles, Electric Personal Assistive Mobility Devices, and Electric Scooters [New Section]  This is a new section that includes th ree subsections resting on three separate statutory grants; subsection (1) provides that no rule crosses subsections unless expressly stated.  Out-of-class electric vehicles (“e-motos ”): Declaratory only, as our ability to regulated is almost exclusively prohibited. These are motorcycles, off-highway motorcycles, mopeds or motor bicycles under Wis. Stat. § 340.01, already subject to chs. 341–348 through § 6.01 (and, for off-highway motorcycles, to § 23.335 registration through § 6.12) and already off sidewalks under § 346.94(1); the subsection creates no new local authority, routes motorized play vehicles to § 6.13, and notes that an e-moto that is an off-road vehicle is also subject to § 6.12.  EPAMDs and personal delivery devices: th is is a placeholder. Wis. Stat. §§ 346.803, 346.805 and 346.807 apply through § 6.01; the City’s authority is § 349.236(1), and the City exercises none of those powers; § 349.236(2) otherwise preempts local restriction. Reserved for anticipated 2027 legislation.  Electric scooters: regulat ed “consistent with the regulation of bicycles” by cross- reference to § 6.10(2) under Wis. Stat. § 349.237, except registration. § 349.18(2) gives no local registration authority over scooters.  Scooters: 10 mph sidewalk limit, which is the same as bicycles (§ 346.94(18s)(b) subjects local sidewalks to ordinance restrictions; the state cap is 15 mph under § 346.94(18s)(c) — the lower number gov erns, and citations should cite the ordinance); prohibited on roadways over 25 mph (§ 349.237(1)); parking per § 6.10(2)(l) (§ 349.237(3)); short-term commercial rental only under a Council- approved agreement (§ 349.237(4)).  Scooter restrictions not included from staff recommendations. Scooter sidewalk prohibition and the Police Department’s proposed parks/parking-lot ban. The Outline recommended barring scooters from sidewalks; the ordinance instead permits them at the bicycle speed limit. Wis. Stat. § 349.237(2) would permit a full prohibition if Council prefers it; the ordinance is less restrictive than the Police Department requested, and EPAMDs were kept out of any locally restricted category because § 349.236(2) forbids it. § 6.17 Penalties [Renumbered from § 6.15; Restated as to Subsection (4) Only]  New subsection (4): any violation for whic h this section sets no forfeiture takes the § 18.04(1) general penalty and its first, second and subsequent-offense tiers.  However, where a provision restates state law in strict conformity (Wis. Stat. § 349.06(1)(a)), the forfeiture cannot exceed the state range — § 346.95(1) ($20– $40 first offense; $50–$100 within a year) for the § 346.94(1) sidewalk restatements in §§ 6.13(8)(b) and 6.15(2)(c); § 346.82(2) ($10–$20; $25–$50) for the § 346.78 play-vehicle restatement in § 6.13(2); § 341.04(3) ($200 or $500) for § 6.13(8)(a). Fee Schedule amounts must respect these.  No device-specific penalty tier and no residual amount in the ordinance; amounts come from the Fee Schedule (see Part 2). § 6.18 Enforcement [Renumbered from § 6.16; Revised]  (1)–(3) restated. Citations correct ed: § 66.12 (renumbered in 1999) is now § 66.0113; ch. 800 added because the City’s municipal court operates under it (WMC § 27.03). The deposit provisions now refer generically to the penalty and jail surcharges “required by law” in place of the former § 165.87 and § 53.46(1) citations, which appear to be obsolete numbers — confirm the current sections before publication. Run-in headings added to (2)(a)–(c).  New (4): ADA reasonable a ccommodation, chapter-wide.  New (5): “unsafe operation,” which is a local police-power offense on sidewalks, bicycle ways, playgrounds, parks, parking lots and other public property other than a roadway (on roadways, Wis. Stat. § 346.62 and ch. 346 govern); EPAMDs and personal delivery devices excluded because Wis. Stat. § 349.236(2) bars local restriction.  New (6)–(7): parental not ice (under 18) and parental responsibility (“knowingly permits,” under 16), limited to §§ 6.10, 6.13 and 6.15; the knowledge element replaces strict vicarious liability and matches the helmet rule in § 6.10(2)(f). (Watertown § 240-11 uses the same formulation.)  New (8): restitution cross-reference to § 18.04(3); likely unavailable for most device offenses because the predicate requires conduct similar to a state offense punishable by fine or imprisonment.  New (9): removal, custody and dispos ition — removal limited to abating an obstruction or hazard; device taken into Police Department possession; uniform 30-day hold measured from that possession, whether or not the device appears abandoned (the Wis. Stat. § 66.0139(2) clock runs from possession by an officer); written notice to any owner identifiable from registration records; disposition by auction, sealed bid, donation, City use or scrap under § 66.0139 (non-auction methods must be specified by ordinance); Police Department keeps the § 66.0139(2) inventory; expressly not a penalty.  Voluntary registration under § 6.10(2)(b) now has an operative function: it is how an owner receives notice before an unclaimed bicycle is disposed of.  Comparators: Eau Claire ch. 10. 08 has no bicycle impoundment and no registration; Watertown ch. 240 uses mandatory registration. 2. ADDITIONAL ITEMS AND CONCERNS  Technical corrections ordinance. I have a list of some additional ordinances that should be revised to be consistent with this ordinance, mostly in their cross- references.  Fee Schedule enforceability window: the Schedule is purely itemized with no default line, and § 18.04(1)(a) sets the penalty as a fee “established annually by the Common Council on the Fee Schedule,” so a new offense with no line item arguably carries no forfeiture until the Schedule is amended; amend on the ordinance’s timeline and do not announce enforcement before amounts exist.  Police Department: confirm officers can credibly testify to a 10-mph speed estimate, although my intent is to include “unsafe operation” as an alternative opportunity to convict on the same offense.  Confirm the § 6.13(2) restri cted-street list is current, and confirm which of those streets are under City jurisdiction. Wis. Stat. § 349.235(1) reaches only roadways “under its jurisdiction,” so a state trunk or connecting highway is not the City’s to restrict. 6.10 BICYCLES AND ELECTRIC BICYCLES. (1) DEFINITIONS. The definitions set forth in Wis. Stat. § 340.01 are incorporated here by reference. The following terms are specifically identified for convenience: (a) “Bicycle” means every vehicle propelled by feet or hands acting upon on pedals or cranks and having wheels any 2 of which are not less than 14 inches in diameter, as defined in Wis. Stat. § 340.01(5). Except as otherwise specifically provided in this Section § 6.10, a “bicycle” shall include, without limitation, an electric bicycle as defined in subsection (c) below.below, but does not include a motor bicycle as defined in Wis. Stat. § 340.01(30) or a moped as defined in Wis. Stat. § 340.01(29m). (b) “Bicycle Way” means any path or sidewalk or portion thereof designated for the use of bicycles, electric scooters, and electric personal assistive mobility devices by the Waupun Common Council, as defined in accordance with Wis. Stat. § 340.01(5s). (c) “Electric Bicycle” means a bicycle that is equipped with fully operative pedals for propulsion by human power and an electric motor of 750 watts or less and that meets the requirements of any of the following classifications, as defined in Wis. Stat. § 340.01(15ph): 1. Class 1 Electric Bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. 2. Class 2 Electric Bicycle means an electric bicycle that may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. 3. Class 3 Electric Bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. (2) GENERAL REGULATION, EQUIPMENT, REGISTRATION AND LICENSING. (a) APPLICABILITY AND RULES OF THE ROAD. Every person propelling or riding a bicycle on a public roadway in the City shall be subject to the provisions of all municipal ordinances and State laws applicable to the operator of any vehicle, except those provisions with reference to equipment of vehicles and except those provisions which by their nature would have no application to bicycle operation. No person shall operate a bicycle in the City without the consent of the registered owner. (b) REGISTRATION AND LICENSING. Bicycles may be registered at the Waupun Police Department, but registration is optional only. There shall be no fee for registering a bicycle with the Waupun Police Department. (c) EQUIPMENT REQUIREMENTS. Every bicycle shall have an adequate brake maintained in good working condition at all times. Any type of siren on a bicycle is prohibited. (d) LIGHTING REQUIREMENTS. No person may operate a bicycle on a highway, bicycle lane, bicycle way, or sidewalk in the Ci ty during hours of darkness, unless such bicycle is equipped with or the operator is wearing a lamp emitting a white light visible from a distance of at least 500 feet to the front of such bicycle. Such bicycle shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in addition to but not in lieu of the red reflector. (e) TRAFFIC SIGNALS, LANE POSITION, AND TURNS. Bicycle operators shall give hand signals for left turns, right turns, and stopping, shall yield the right-of-way to pedestrians on crosswalks, and shall make turns from the appropriate lane of traffic. Bicycles shall always be operated in single file, and when operated on a street or highway shall be kept as close to the right-hand curb as possible, except when operating within a designated and marked bicycle lane. (e) TRAFFIC SIGNALS, LANE POSITION, AND TURNS. In the event any other traffic may be affected, bicycle operators shall give hand signals for left turns, right turns, and stopping. Bicycle operators shall yield the right-of-way to pedestrians on crosswalks, and shall make turns from the appropriate lane of traffic. Bicycles shall always be operated in single file. In accordance with Wis. Stat. § 346.80(2), a bicycle operated on a roadway at less than the normal speed of traffic shall be kept as close as practicable to the right-hand edge or curb of the unobstructed traveled roadway, except when overtaking and passing another vehicle proceeding in the same direction, when preparing for a left turn or U-turn at an intersection or a left turn into a private road or driveway, when reasonably necessary to avoid unsafe conditions, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to ride along the right-hand edge or curb, or when operating within a designated and marked bicycle lane. A bicycle operated on a one-way highway having 2 or more lanes available for traffic may be operated as near the left- hand edge or curb of the roadway as practicable. (f) PROTECTIVE HEADGEAR FOR PERSONS UNDER 16 YEARS OF AGE. No person under 16 years of age shall operate, or ride as a passenger on, a bicycle on any highway, bicycle lane, bicycle way, sidewalk, or other public right-of-way in the City unless that person is wearing a properly fitted and fastened protective bicycle helmet that bears a certification label of the U.S. Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), the Snell Memorial Foundation, or ASTM International. No parent or guardian of a person under 16 years of age shall knowingly permit that person to operate or ride on a bicycle in violation of this subsection. Failure to wear protective headgear as required by this subsection does not constitute negligence or contributory negligence, is not admissible in any civil action for damages, and may not be considered in determining liability or the mitigation of damages. (g) SIDEWALKS, BIKE BICYCLE WAYS, PLAYGROUNDS, AND PARKS. 1. Permitted Operation. Any person, regardless of age, may operate a bicycle on any public sidewalk, bicycle way, school playground, or public park in the City, subject to Wis. Stat. § 346.806(4), except that no person shall operate a class-3 electric bicycle with the power unit in operation, or a motor bicycle or moped, on any public sidewalk, bicycle way, school playground, or public park with the power unit in operation.park. 2. Pedestrian Right-of-Way; Audible Signal. Any person operating a permitted bicycle on any public sidewalk, bicycle way, school playground, or public park shall yield the right-of-way to pedestrians at all times, and shall exercise due care and give an audible signal before overtaking and passing a pedestrian, or another bicyclist or device operator, proceeding in the same direction. An audible signal may be given by a bell, horn, or the human voice, provided that no siren or whistle shall be used to give the signal. 3. Speed Limit; Reckless Operation Prohibited. Unsafe Operation. No person shall operate a bicycle on any public sidewalk, bicycle way, school playground, or public park in the City at a speed in excess of 10 miles per hour, or hour. Unsafe operation of a bicycle is prohibited as provided in a reckless manner. For the purpose § 6.18(5) of enforcing this provision, there shall be a rebuttable presumption that any person operating a permitted bicycle on any public sidewalk, bicycle way, school playground or public park at a speed of more than 15 miles per hour is operating the bicycle in a reckless manner.Code. (h) PASSENGERS AND CHILD CARRIERS. No more than one person shall ride a bicycle at one time, except on a special bicycle built for 2 or more people with seats and handlebars for each person. Notwithstanding the foregoing, in addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child's seat or trailer designed for a ttachment to a bicycle, provided the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer. (h) PASSENGERS AND CHILD CARRIERS. In accordance with Wis. Stat. § 346.79(2), no bicycle shall be used to carry or transport more persons at one time than the number for which it is designed. Notwithstanding the foregoing, in addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child’s seat or trailer designed for attachment to a bicycle, provided the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer. (i) TOWING RESTRICTIONS. No person shall cling to or be towed by another vehicle or bicycle while riding on a public street or highway. No person shall tow anything behind a bicycle, such as a sled, another bicycle, trailer or a person on skates, except that skates or on a bicycle may tow play vehicle behind a child's seat or trailer as provided in subsection (h) above.bicycle. (j) UNICYCLES. A unicycle shall not be required to be equipped with a wheel brake or handle bars. (k) ABANDONMENT PROHIBITED. No person shall abandon a bicycle on any street, sidewalk, or other public or private property wi thin the City. No person shall leave a bicycle unattended on public or private property within the City for such time and under such circumstances as to cause the bicycle reasonably to appear to have been abandoned. (l) PARKING OF BICYCLES. Bicycles shall be parked in accordance with the following: 1. A bicycle shall be parked in an upright position. 2. A bicycle shall not be parked on a sidewalk in a manner that leaves less than 5 feet of unobstructed width for pedestrian passage, or in a manner that obstructs access to any building or business. 3. A bicycle shall not be parked in the area between the sidewalk and the curb where that area is less than 3 feet in width. (3) ENFORCEMENT AND PENALTIES. (a) PENALTIES. Any person who violates a provision of this section shall, on conviction, forfeit an amount as established annually by the Common Council on the Fee Schedule, together with the costs of prosecution, as provided in §§ 6.15 and 18.04 of this Code. Violations of this section shall be enforced by citation issued under § 18.08 of this Code. (b) NOTICE TO PARENT OR GUARDIAN. Whenever a citation is issued under this section to a person under 18 years of age for a first violation, the Police Department shall cause written notice of the alleged violation, and of the date and time at which the person is directed to appear, to be mailed to a parent or guardian of the person. Failure to give or to receive notice under this paragraph does not affect the validity of the citation or of any proceeding on the citation. (c) PARENTAL LIABILITY. A parent or guardian of a person under 16 years of age who violates a provision of this section shall be liable for the violation and subject to the forfeiture provided in paragraph (a), in addition to any liability of the person committing the violation. (d) RESTITUTION. In addition to any forfeiture imposed under this section, the Court may order restitution as provided in § 18.04(3) of this Code. (e) REASONABLE ACCOMMODATION. Reasonable accommodation shall be made in the enforcement of any provision of this section for any person using a bicycle as an “other power-driven mobility device” under the Americans with Disabilities Act. (f) REMOVAL OF OBSTRUCTING BICYCLES. A bicycle that obstructs vehicular or pedestrian traffic on a public way, that blocks or impedes entrance to or exit from a building or a lawfully parked motor vehicle, or that otherwise creates a hazard to public health or safety may be removed from that location by a person acting under the authority of the Chief of Police or the Director of Public Works. A bicycle removed under this paragraph shall be placed at a location designated by the Police Department and shall be returned to its owner on request. Removal under this paragraph is limited to abatem ent of the obstruction or hazard, is not a penalty for violation of this section, and does not authorize the impoundment, retention, sale, or other disposition of a bicycle. (3) ENFORCEMENT AND PENALTIES. Violations of this section shall be enforced as provided in § 6.18 of this Code, and the penalty for violation of this section shall be as provided in § 6.17 of this Code. 6.10 BICYCLES AND ELECTRIC BICYCLES. [REVISED FROM THE 08.21.2026 COUNCIL DRAFT] (1) DEFINITIONS. The definitions set forth in Wis. Stat. § 340.01 are incorporated here by reference. The following terms are specifically identified for convenience: (a) “Bicycle” means every vehicle propelled by feet or hands acting on pedals or cranks and having wheels any 2 of which are not less than 14 inches in diameter, as defined in Wis. Stat. § 340.01(5). Except as otherwise specifically provided in this § 6.10, a “bicycle” shall include, without limitation, an electric bicycle as defined in subsection (c) below, but does not include a motor bicycle as defined in Wis. Stat. § 340.01(30) or a moped as defined in Wis. Stat. § 340.01(29m). (b) “Bicycle Way” means any path or sidewalk or portion thereof designated for the use of bicycles, electric scooters, and electric personal assistive mobility devices by the Waupun Common Council, in accordance with Wis. Stat. § 340.01(5s). (c) “Electric Bicycle” means a bicycle that is equipped with fully operative pedals for propulsion by human power and an electric motor of 750 watts or less and that meets the requirements of any of the following classifications, as defined in Wis. Stat. § 340.01(15ph): 1. Class 1 Electric Bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. 2. Class 2 Electric Bicycle means an electric bicycle that may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. 3. Class 3 Electric Bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. (2) GENERAL REGULATION, EQUIPMENT, REGISTRATION AND LICENSING. (a) APPLICABILITY AND RULES OF THE ROAD. Every person propelling or riding a bicycle on a public roadway in the City shall be subject to the provisions of all municipal ordinances and State laws applicable to the operator of any vehicle, except those provisions with reference to equipment of vehicles and except those provisions which by their nature would have no application to bicycle operation. No person shall operate a bicycle in the City without the consent of the owner. (b) REGISTRATION AND LICENSING. Bicycles may be registered at the Waupun Police Department, but registration is optional only. There shall be no fee for registering a bicycle with the Waupun Police Department. (c) EQUIPMENT REQUIREMENTS. Every bicycle shall have an adequate brake maintained in good working condition at all times. Any type of siren on a bicycle is prohibited. (d) LIGHTING REQUIREMENTS. No person may operate a bicycle on a highway, bicycle lane, bicycle way, or sidewalk in the Ci ty during hours of darkness, unless such bicycle is equipped with or the operator is wearing a lamp emitting a white light visible from a distance of at least 500 feet to the front of such bicycle. Such bicycle shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in lieu of the red reflector. (e) TRAFFIC SIGNALS, LANE POSITION, AND TURNS. In the event any other traffic may be affected, bicycle operators shall give hand signals for left turns, right turns, and stopping. Bicycle operators shall yield the right-of-way to pedestrians on crosswalks, and shall make turns from the appropriate lane of traffic. Bicycles shall always be operated in single file. In accordance with Wis. Stat. § 346.80(2), a bicycle operated on a roadway at less than the normal speed of traffic shall be kept as close as practicable to the right-hand edge or curb of the unobstructed traveled roadway, except when overtaking and passing another vehicle proceeding in the same direction, when preparing for a left turn or U-turn at an intersection or a left turn into a private road or driveway, when reasonably necessary to avoid unsafe conditions, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to ride along the right-hand edge or curb, or when operating within a designated and marked bicycle lane. A bicycle operated on a one-way highway having 2 or more lanes available for traffic may be operated as near the left- hand edge or curb of the roadway as practicable. (f) PROTECTIVE HEADGEAR FOR PERSONS UNDER 16 YEARS OF AGE. No person under 16 years of age shall operate, or ride as a passenger on, a bicycle on any highway, bicycle lane, bicycle way, sidewalk, or other public right-of-way in the City unless that person is wearing a properly fitted and fastened protective bicycle helmet that bears a certification label of the U.S. Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), the Snell Memorial Foundation, or ASTM International. No parent or guardian of a person under 16 years of age shall knowingly permit that person to operate or ride on a bicycle in violation of this subsection. Failure to wear protective headgear as required by this subsection does not constitute negligence or contributory negligence, is not admissible in any civil action for damages, and may not be considered in determining liability or the mitigation of damages. (g) SIDEWALKS, BICYCLE WAYS, PLAYGROUNDS, AND PARKS. 1. Permitted Operation. Any person, regardless of age, may operate a bicycle on any public sidewalk, bicycle way, school playground, or public park in the City, subject to Wis. Stat. § 346.806(4), except that no person shall operate a class-3 electric bicycle with the power unit in operation, or a motor bicycle or moped, on any public sidewalk, bicycle way, school playground, or public park. 2. Pedestrian Right-of-Way; Audible Signal. Any person operating a bicycle on any public sidewalk, bicycle way, school playground, or public park shall yield the right- of-way to pedestrians at all times, and shall exercise due care and give an audible signal before overtaking and passing a pedestrian, or another bicyclist or device operator, proceeding in the same direction. An audible signal may be given by a bell, horn, or the human voice, provided that no siren or whistle shall be used to give the signal. 3. Speed Limit; Unsafe Operation. No person shall operate a bicycle on any public sidewalk, school playground, or public park in the City at a speed in excess of 10 miles per hour. Unsafe operation of a bicycle is prohibited as provided in § 6.18(5) of this Code. (h) PASSENGERS AND CHILD CARRIERS. In accordance with Wis. Stat. § 346.79(2), no bicycle shall be used to carry or transport more persons at one time than the number for which it is designed. Notwithstanding the foregoing, in addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child’s seat or trailer designed for attachment to a bicycle, provided the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer. (i) TOWING RESTRICTIONS. No person shall cling to or be towed by another vehicle or bicycle while riding on a public street or highway. No person shall tow a sled, another bicycle, or a person on skates or on a play vehicle behind a bicycle. (j) UNICYCLES. A unicycle shall not be required to be equipped with a wheel brake or handle bars. (k) ABANDONMENT PROHIBITED. No person shall abandon a bicycle on any street, sidewalk, or other public or private property wi thin the City. No person shall leave a bicycle unattended on public or private property within the City for such time and under such circumstances as to cause the bicycle reasonably to appear to have been abandoned. (l) PARKING OF BICYCLES. Bicycles shall be parked in accordance with the following: 1. A bicycle shall be parked in an upright position. 2. A bicycle shall not be parked on a sidewalk in a manner that leaves less than 5 feet of unobstructed width for pedestrian passage, or in a manner that obstructs access to any building or business. 3. A bicycle shall not be parked in the area between the sidewalk and the curb where that area is less than 3 feet in width. (3) ENFORCEMENT AND PENALTIES. Violations of this section shall be enforced as provided in § 6.18 of this Code, and the penalty for violation of this section shall be as provided in § 6.17 of this Code. 6.11 SNOWMOBILES. [NO REVISIONS RECOMMENDED] … 6.12 OFF ROAD VEHICLES. [NO REVISIONS RECOMMENDED] … 6.13 IN-LINE SKATING, PLAY VEHICLES, AND MOTORIZED PLAY VEHICLES. [REVISED] (1) DEFINITIONS. The following definitions shall apply to this section: (a) “In-line skates” means skates with wheels arranged singly in a tandem line rather than in pairs. In-line skates do not include roller skates. (b) “Play vehicle” means a coaster, skate board, roller skates, sled, toboggan, unicycle or toy vehicle on which a person may ride and is not licensed for use on public roadways, but shall exclude in-line skates and electric scooters as defined in Wis. Stat. § 340.01(15ps). (c) “Motorized play vehicle” means a device designed to transport one or more persons that is propelled by an electric motor, including without limitation an electric skateboard, a self-balancing one-wheeled device, and an electr ic unicycle. “Motorized play vehicle” does not include any of the following: a bicycle or electric bicycle; an electric scooter; an electric personal assistive mobility device; a personal delivery device; a moped, motor bicycle, motorcycle, or off-highway motorcycle; a play vehicle that is not propelled by an electric motor; an all-terrain vehicle or utility terrain vehicle; a snowmobile; a neighborhood electric vehicle, low-speed vehicle, or golf cart; a vehicle that can be legally registered by the State of Wisconsin and legally operated on a highway; a device designed primarily for a purpose other than transporting persons; or a wheelchair or other power-driven mobility device used by an individual with a disability. Terms used in this subsection that are defined in Wis. Stat. § 340.01 have the meanings given in that section. (2) ROADWAY USE. No person shall ride in-line skates on Main St., Madison St., Watertown St., Fond du Lac St., Lincoln St., or Fox Lake Rd., except while crossing the roadway at a crosswalk. Persons riding in-line skates may travel on any other roadway within the City. In accordance with Wis. Stat. § 346.78, no person shall ride a play vehicle on any roadway within the City except while crossing a roadway at a crosswalk. (3) MANNER OF OPERATION. Persons riding in-line skates on roadways shall ride single file and as close to the right-hand curb as possible. Persons riding in-line skates shall do so in a careful and prudent manner with due regard for the safety of all persons using the roadway. (4) RULES OF THE ROAD. Persons riding in-line skates on roadways shall obey the provisions of all ordinances and state laws applicable to the operator of any vehicle, except those provisions which by their nature would have no application. (5) HOURS OF OPERATION. No person shall ride in-line skates on roadways within the City between sunset and sunrise, except while crossing a roadway at a crosswalk. (6) SIDEWALKS AND PARKS. No person over 13 years of age shall ride in-line skates on any public sidewalk, or public park in the City. No person shall ride play vehicles on the following public sidewalks: Along E. Main St. from its intersection with Carrington St. to its intersection with Drummond St.; and along Madison St. from its intersection with E. Jefferson St. to its intersection with E. Franklin St. No person shall ride play vehicles where posted by the City as prohibited. (7) ATTACHING TO VEHICLES; ANIMALS. No person riding in-line skates or play vehicles shall attach themselves to any moving vehicle. No person shall ride in-line skates or play vehicles while holding a leash attached to any animal. (8) MOTORIZED PLAY VEHICLES. (a) ROADWAYS. In accordance with Wis. Stat. § 341.04(1), no person shall operate, and no owner shall consent to the operation of, a motorized play vehicle on any highway in the City unless, at the time of operation, the motorized play vehicle is registered, or is otherwise permitted to be operated, under Wis. Stat. § 341.04(1). (b) SIDEWALKS. In accordance with Wis. Stat. § 346.94(1), no person shall operate a motorized play vehicle on any sidewalk in the City, except at a permanent or temporarily established driveway. (c) OTHER PUBLIC PROPERTY. No person shall operate a motorized play vehicle in any public park, on any school playground, in any public parking lot, or on any other public property in the City. (d) PRIVATE PROPERTY. This subsection shall not apply to the operation of a motorized play vehicle on private property. (e) OFF ROAD VEHICLES. A motorized play vehicle that is also an off road vehicle under § 6.12(3)(a) of this Code is subject to § 6.12 in addition to this subsection. (9) ENFORCEMENT AND PENALTIES. Violations of this section shall be enforced as provided in § 6.18 of this Code, and the penalty for violation of this section shall be as provided in § 6.17 of this Code. 6.14 NEIGHBORHOOD ELECTRICAL VEHICLES. [RESTATED AS TO SUBSECTION (5) ONLY] … (5) ENFORCEMENT AND PENALTIES. Violations of this section shall be enforced as provided in § 6.18 of this Code, and the penalty for violation of this section shall be as provided in § 6.17 of this Code. 6.15 OUT-OF-CLASS ELECTRIC VEHICLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AND ELECTRIC SCOOTERS. [NEW SECTION] (1) SCOPE; SEPARATE AUTHORITY. Each subsection of this section rests on separate and distinct statutory authority. No provision of any subsection of this section applies to a device regulated under another subsection of this section except where expressly so provided. (2) OUT-OF-CLASS ELECTRIC VEHICLES. (a) DEFINITION. As used in this subsection, “out-of-class electric vehicle,” commonly referred to as an e-moto, means an electrically powered vehicle that meets the definition of a motorcycle under Wis. Stat. § 340.01(32), an off-highway motorcycle under Wis. Stat. § 340.01(37r), a moped under Wis. Stat. § 340.01(29m), or a motor bicycle under Wis. Stat. § 340.01(30). (b) STATE LAW APPLICABLE. The registration, titling, operator licensing, insurance, and equipment requirements of Wis. Stat. chs. 341 to 348 and, for an off-highway motorcycle, of Wis. Stat. § 23.335, apply to out-of-class electric vehicles as provided by state law, and are adopted by reference to the extent provided in §§ 6.01 and 6.12 of this Code. This subsection creates no local authority in addition to that provided by state law. (c) SIDEWALKS. In accordance with Wis. Stat. § 346.94(1), no person shall operate an out-of-class electric vehicle on any sidewalk in the City except at a permanent or temporarily established driveway or as otherwise provided in Wis. Stat. § 346.94(1). (d) DEVICES REGULATED ELSEWHERE. A device that meets the definition of a motorized play vehicle under § 6.13(1)(c) of this Code is regulated under § 6.13 and not under this subsection. An out-of-class electric vehicle that is an off road vehicle under § 6.12(3)(a) of this Code is also subject to § 6.12. (3) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES AND PERSONAL DELIVERY DEVICES. (a) STATE LAW APPLICABLE. The provisions of Wis. Stat. chs. 340 to 348 governing electric personal assistive mobility devices and personal delivery devices, including Wis. Stat. §§ 346.803, 346.805, and 346.807, apply to those devices and are adopted by reference in § 6.01 of this Code. The authority of the City with respect to those devices is governed by Wis. Stat. § 349.236. (b) NO LOCAL RESTRICTION IMPOSED. Wis. Stat. § 349.236(1) authorizes the City to impose the restrictions enumerated in that subsection, and Wis. Stat. § 349.236(2) otherwise prohibits the City from restricting the operation of electric personal assistive mobility devices or personal delivery devices on any roadway or sidewalk under its jurisdiction. The City exercises none of the powers enumerated in Wis. Stat. § 349.236(1) at this time. This subsection is reserved for future regulation. (4) ELECTRIC SCOOTERS. (a) DEFINITION. “Electric scooter” has the meaning given in Wis. Stat. § 340.01(15ps). (b) REGULATION CONSISTENT WITH BICYCLES. Pursuant to Wis. Stat. § 349.237, and except as otherwise provided in this subsection, every person operating an electric scooter in the City shall be subject to the provisions of § 6.10(2) of this Code applicable to bicycles, except those provisions which by their nature have no application to electric scooters. The registration provisions of § 6.10(2)(b) do not apply to electric scooters. (c) SIDEWALKS, BICYCLE WAYS, PLAYGROUNDS, AND PARKS. Every person operating an electric scooter on any public sidewalk, bicycle way, school playground, or public park shall comply with § 6.10(2)(g) of this Code, including the speed limit established by § 6.10(2)(g)3. Nothing in this paragraph relieves an operator of the requirements of Wis. Stat. § 346.94(18s)(c). (d) ROADWAYS. Pursuant to Wis. Stat. § 349.237(1), no person shall operate an electric scooter on any roadway under the jurisdiction of the City having a posted speed limit of more than 25 miles per hour. (e) PARKING. Pursuant to Wis. Stat. § 349.237(3), electric scooters shall be parked in accordance with § 6.10(2)(l) of this Code. (f) SHORT-TERM COMMERCIAL RENTAL. Pursuant to Wis. Stat. § 349.237(4), no person shall offer electric scooters for short-term commercial rental to the general public within the City except pursuant to a written agreement or license approved by the Common Council. (5) ENFORCEMENT AND PENALTIES. Violations of this section shall be enforced as provided in § 6.18 of this Code, and the penalty for violation of this section shall be as provided in § 6.17 of this Code. 6.16 SCHOOL BUS WARNING LIGHTS. [RENUMBERED, BUT NO REVISIONS RECOMMENDED] … 6.17 PENALTIES. [RENUMBERED, AND RESTATED AS TO SUBSECTION (4) ONLY] … (4) OTHER LOCAL REGULATIONS. The penalty for violation of any other provision of this chapter for which no forfeiture is otherwise established by this section shall be as provided in § 18.04(1) of this Code, including the first offense, second offense, and subsequent offense provisions of that subsection; provided that the forfeiture for violation of any provision of this chapter enacted in strict conformity with a provision of Wis. Stat. chs. 341 to 348 shall not exceed the forfeiture permitted by state law for violation of that provision. 6.18 ENFORCEMENT. [REVISED] (1) ENFORCEMENT PROCEDURE. This chapter shall be enforced according to Wis. Stat. §§ 23.33, 66.0113, 345.11 to 345.61, and 350.17, and Wis. Stat. chs. 799 and 800. (2) DEPOSIT. (a) DEPOSIT; NOTICE TO ARRESTED PERSON. Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the police station or at the office of the Clerk of Court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that: 1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture, together with the penalty surcharge or assessment, the jail surcharge or assessment, and any other surcharges, costs, and fees required by law, not to exceed the amount of the deposit that the court may accept as provided in Wis. Stat. § 345.37. 2. If the person fails to make a deposit for a violation of a traffic regulation or appear in court at the time fixed in the citation, the court may enter a default judgment finding the person guilty of the offense or issue a warrant for his arrest. (b) AMOUNT OF DEPOSIT. The amount of the deposit shall be determined in accordance with the State of Wisconsin Revised Uniform State Traffic Deposit Schedule established by the Wisconsin Judicial Conf erence and shall include the penalty surcharge or assessment and the jail surcharge or assessment required by law, and court costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit not less than the maximum forfeiture permitted under this chapter, which shall include the penalty surcharge or assessment required by law. Deposits for nonmoving violations shall not include the penalty surcharge or assessment. (c) RECEIPT. The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by Wis. Stat. § 345.36(3)(b). (3) PETITION TO REOPEN JUDGMENT. Whenever a person has been convicted in this State on the basis of a forfeiture of deposit or a plea of guilty or no contest and the person was not informed as required under Wis. Stat. § 345.27(1) and (2), the person may, within 60 days after being notified of the revocation or suspension of the operating privilege, petition the court to reopen the judgment and grant him an opportunity to defend on merits. If the court finds that the petitioner was not informed as required under Wis. Stat. § 345.27(1) and (2), the court shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege. (4) REASONABLE ACCOMMODATION. Reasonable accommodation shall be made in the enforcement of any provision of this chapter for any person using a device as an “other power- driven mobility device” under the Americans with Disabilities Act. (5) UNSAFE OPERATION PROHIBITED. (a) PROHIBITION. No person shall operate a bicycle, an electric bicycle, an electric scooter, in-line skates, a play vehicle, or a motorized play vehicle on any public sidewalk, bicycle way, school playground, public park, public parking lot, or other public property in the City, other than a roadway, in a manner that endangers the safety of any person or property, or without exercising due care for the safety of pedestrians. (b) EXCEPTION. This subsection does not apply to the operation of an electric personal assistive mobility device or a personal delivery device. (c) DEFINITION. In this subsection, “bicycle way” has the meaning given in § 6.10(1) of this Code. (6) NOTICE TO PARENT OR GUARDIAN. Whenever a citation is issued under § 6.10, § 6.13, or § 6.15 of this Code to a person under 18 years of age for a first violation, the Police Department shall cause written notice of the alleged violation, and of the date and time at which the person is directed to appear, to be mailed to a parent or guardian of the person. Failure to give or to receive notice under this subsection does not affect the validity of the citation or of any proceeding on the citation. (7) PARENTAL RESPONSIBILITY. No parent or guardian of a person under 16 years of age shall knowingly permit that person to violate any provision of § 6.10, § 6.13, or § 6.15 of this Code. A parent or guardian who violates this subsection shall be subject to the forfeiture provided in § 6.17 of this Code, in addition to any liability of the person committing the underlying violation. (8) RESTITUTION. In addition to any forfeiture imposed under this chapter, the Court may order restitution as provided in § 18.04(3) of this Code. (9) REMOVAL, CUSTODY, AND DISPOSITION OF UNCLAIMED BICYCLES AND DEVICES. (a) REMOVAL. A bicycle, electric bicycle, electric scooter, play vehicle, or motorized play vehicle that obstructs vehicular or pedestrian traffic on a public way, that blocks or impedes entrance to or exit from a building or a lawfully parked motor vehicle, or that otherwise creates a hazard to public health or safety may be removed from that location by a person acting under the authority of the Chief of Police or the Director of Public Works. Removal under this paragraph is limited to abatement of the obstruction or hazard and is not a penalty for violation of this chapter. (b) CUSTODY; RETURN TO OWNER. A bicycle or device removed under paragraph (a), or otherwise lawfully taken into the possession of the City, shall be taken into the possession of the Police Department, shall be kept at a location designated by the Police Department, and shall be returned to its owner on request. (c) NOTICE. Before disposing of a bicycle or device under this subsection, the Police Department shall give written notice to any owne r who can be identified from the City’s bicycle registration records or by other reasonable means. Notice shall be mailed to the owner’s last known address not less than 14 days before disposition and shall be posted at City Hall and at the Police Department. Failure to identify an owner does not affect the validity of a disposition under this subsection. (d) DISPOSITION. In accordance with Wis. Stat. § 66.0139, a bicycle or device that has remained unclaimed for a period of 30 days after the Police Department took possession of it, whether or not it appears to have been abandoned, may be disposed of by any of the following means: sale at public auction; sale by sealed bid; donation to a nonprofit organization or to a bicycle recycling or youth program; retention for use by the City; or destruction or disposal as scrap where the value of the bicycle or device is nominal or its condition is unsafe. (e) RECORDS; PROCEEDS. The Police Department shall maintain the inventory and records required by Wis. Stat. § 66.0139(2) for any disposition made other than by a sale open to the public. All receipts from a sale under this subsection, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the treasury of the City. (f) LIMITATION. Nothing in this subsection authorizes the impoundment, retention, sale, or other disposition of a bicycle or device as a penalty for a violation of this chapter. AGENDA SUMMARY SHEET MEETING DATE: 9/8/26 TITLE: Award Bid for Sunrise Ave. Storm Sewer & Fraser Lane Sanitary Extension Project AGENDA SECTION: CONSIDERATION-ACTION PRESENTER: Jeff Daane, Public Works Director DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT Future Readiness Base Bid $206,465.80 ISSUE SUMMARY: The new subdivision Prairie Fields will be developed South of Fraser Lane. The city needs to extend the sanitary line for a connection point. The storm sewer will be installed before the project goes in to help with some storm water issues we have along the Southwest end of the development. At the time of the bid, we needed to do a little more investigation to see if the new storm sewer pipe would fit into the existing structure. After careful consideration it just doesn’t look like that is an option to use the alternate, however the contract does feel he can keep some of the costs down a bit while installing the structure. STAFF RECOMMENDATION: Approve the low Base Bid from R. G. Schmitt ATTACHMENTS: Notice of Award packet RECOMMENDED MOTION: Motion to award the low-base bid with R. G. Schmitt for the Sunrise Ave. Storm Sewer & Fraser Lane Sanitary Extension Project in the amount of $206,465.80 AGENDA SUMMARY SHEET MEETING DATE: 9/8/26 TITLE: ATC #606142 Y-25 Rebuild Water Treatment Easement with WI Power and Light Co. AGENDA SECTION: CONSIDERATION-ACTION PRESENTER: Jeff Daane, Public Works Director DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT Future Readiness Base Bid $206,465.80 ISSUE SUMMARY: We have been working on the future storm water pond design at 239 Gateway Dr. There is a pole that Alliant energy will be relocating to give us more room to install the pond. This is an easement for the new pole location. STAFF RECOMMENDATION: Approve the easement document ATTACHMENTS: Easement RECOMMENDED MOTION: Motion to approve the ATC #606142 Y-25 Rebuild Water Treatment Easement with WI Power and Light Co. ECRM716912 Rev 3 05/22 The undersigned City of Waupun, a Wisconsin municipal corporation, (hereinafter called the "Grantor"), in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant, convey and warrant unto Wisconsin Power and Light Company, a Wisconsin corporation, (hereinafter called the “Grantee”), the Grantee’s successors and assigns, the perpetual right and easement to construct, install, maintain, operate, repair, inspect, replace, add, relocate and remove the Designated Facilities, as defined below, upon, in, over, through and across lands owned by the Grantor described in that certain Warranty Deed recorded on August 26, 2025, as Document No. 1212860, in the office of the Register of Deeds for Fond du Lac County, Wisconsin, said “Easement Area” to be six (6’) feet in width and described as follows: See Exhibits “A” attached hereto and incorporated by reference herein. This easement is subject to the following conditions: 1. Designated Facilities: This easement is for overhead electric line and communication line facilities, including but not limited to poles, crossarms, wires, guy wires, anchors, and any other components as Grantee may select for use in transmitting electricity or communication signals; also for underground electric line and communication line facilities, including but not limited to conduit, cables, above ground electric pad-mount transformers, secondary pedestals, riser equipment, and any other components as Grantee may select for use in transmitting electricity or communication signals (collectively, the “Designated Facilities”). 2. Access: The Grantee and its agents shall have the right of reasonable ingress and egress to, over and across the Grantor’s land adjacent to the Easement Area. 3. Buildings and Structures: The Grantor agrees within the Easement Area not to construct or place buildings, structures, or other improvements, or place water, sewer or drainage facilities; all without the express written consent of the Grantee. 4. Landscaping and Vegetation: No plantings and landscaping are allowed within the Easement Area that will interfere with the easement rights herein granted. The Grantee has the right to trim or remove trees, bushes and brush within the Easement Area without replacement or compensation hereinafter. The Grantee may treat the stumps of any trees, bushes or brush to prevent re-growth and apply herbicides in accordance with applicable laws, rules and regulations, for tree and brush control. 5. Elevation: After the installation of the facilities and final grading of the Easement Area, the Grantor agrees not to alter the grade of the existing ground surface by more than six (6) inches or place rocks or boulders more than eight (8) inches in diameter, within the Easement Area, without the express written consent of the Grantee. 6. Restoration and Damages: The Grantee shall restore, cause to have restored or pay a reasonable sum for all damages to property, crops, fences, livestock, lawns, roads, fields and field tile (other than trees trimmed or cut down and removed), caused by the construction, maintenance or removal of said facilities. 7. Rights not granted to the Grantee: The Grantee shall not have the right to construct or place fences, buildings or any other facilities other than the above Designated Facilities. 8. Reservation of use by the Grantor: The right is hereby expressly reserved to the Grantor, the heirs, successors and assigns, of every use and enjoyment of said land within the Easement Area consistent with rights herein granted. 9. Binding Effect: This agreement is binding upon the heirs, successors and assigns of the parties hereto, and shall run with the lands described herein. 10. Easement Brochure: As provided by PSC 113, the Grantor shall have a minimum period of five days to examine materials approved or provided by the Public Service Commission of Wisconsin describing the Grantor's rights and options in the easement negotiating process. The Grantor hereby voluntarily waives the five-day review period or acknowledges that they have had at least five days to review such materials. EASEMENT OVERHEAD & UNDERGROUND ELECTRIC AND COMMUNICATION Record this document with the Register of Deeds Document No. Name and Return Address: Alliant Energy Attn: Real Estate Department 4902 North Biltmore Lane Madison, WI 53718-2148 Parcel Identification Number(s) 14-15-33-08-011-00 ECRM716912 Rev 3 05/22 WITNESS the signature(s) of the Grantor this ____________________ day of ____________________, 2026. GRANTOR(S): CITY OF WAUPUN, A WISCONSIN MUNICIPAL CORPORATION SIGNATURE SIGNATURE Printed Name and Title Printed Name and Title ACKNOWLEDGEMENT STATE OF WISCONSIN ) ) SS COUNTY OF ______________________ ) This instrument was acknowledged before me on this _____ day of __________________, 2026 by _____________________________________________________ as ________________________________________________ of CITY OF WAUPUN, A WISCONSIN MUNICIPAL CORPORATION. Signature of Notary Printed Name of Notary Notary Public, State of Wisconsin My Commission Expires (is) ACKNOWLEDGEMENT STATE OF WISCONSIN ) ) SS COUNTY OF ) This instrument was acknowledged before me on this _____ day of __________________, 2026 by _____________________________________________________ as ________________________________________________ of CITY OF WAUPUN, A WISCONSIN MUNICIPAL CORPORATION. Signature of Notary Printed Name of Notary Notary Public, State of My Commission Expires (is) __________________________________ This instrument drafted by Michael Verran Checked by ES August 28, 2026 Project Title: ATC #606142 Y-25 REBUILD WATER TREATMENT ERP Activity ID: 1058025 Tract No.: 14-15-33-08-011-00 REROW No.: ECRM716912 Rev 3 05/22 Exhibit “A” Parcel ID: 14-15-33-08-011-00 An Easement Area being ten and three one-hundredths (10.03’) feet by ten (10’) feet, as constructed, and substantially as shown on the attached Exhibit “B” across the following described parcel: A parcel of land being Lot One (1) of Certified Survey Map No. 5792, as recorded on November 9, 1999 in Volume 37 of Certified Survey Maps on Page 74, as Document No. 682046; located in the Southeast Quarter of the Northwest Quarter (SE¼ NW¼) and in the Northeast Quarter of the Southwest Quarter (NE¼ SW¼) of Section 33, Township 14 North, Range 15 East, City of Waupun, more specifically described in that certain Warranty Deed recorded on August 26, 2025, as Document No. 1212860, in the office of the Register of Deeds, Fond du Lac County, Wisconsin. AGENDA SUMMARY SHEET MEETING DATE: 9/08/26 TITLE: Memorandum of Agreement Between the City of Waupun and the WI Department of Transportation Regarding Changes in Access to STHH 26 in the City of Waupun AGENDA SECTION: CONSIDERATION-ACTION PRESENTER: Kathy Schlieve, Administrator DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT SUMMARY: This has been an open item since creation of TID 4 (established around 2004) that we uncovered in 2017 when we extended infrastructure to open Heritage Ridge. At the time we realized there were a number of items in the draft agreement that were significantly restrictive. Staff have been in ongoing conversation with WI-DOT since that time and have been successful in addressing or gaining flexibility with a number of the items in the draft agreement. Staff will review the major requirements of the agreement. STAFF RECOMMENDATION: Approve the agreement contingent on the approval of a resolution requesting a new traffic impact assessment to address speed reduction from US151N to Barnes St. ATTACHMENTS: Memorandum of Agreement with WI DOT RECOMMENDED MOTION: Motion to approve the memorandum of agreement between the City of Waupun and the WI Department of Transportation regarding changes in access to STH26 in the City of Waupun with the recommendation that a resolution requesting reduction in speed along this roadway accompany the signed agreement to WI-DOT. Page 1 of 5 MEMORANDUM OF AGREEMENT between the City of Waupun and the Wisconsin Department of Transportation Regarding Changes in Access to STH 26 in the City of Waupun This Memorandum of Agreement (MOA) is entered into by and between the City of Waupun (the City) and the Wisconsin Department of Transportation (the Department), each a party, together the parties, in order to facilitate a change in access on the east and west sides of STH 26 between USH 151 and Buwalda Drive in the City of Waupun (Access Area). The Access Area also includes the interchange ramps on USH151 to STH26. The Access Area changes are requested by the City in consideration of a proposed development composed of residential, manufacturing/industrial, and commercial lots (Development), and to provide authorization for a new public street connection, Shaler Drive, to STH 26 (Street Connection). This MOA is entered into under Wis. Stats. §§66.0301, 84.01, 84.09, 84.295, and 86.07. WHEREAS the Department manages access on state highways and is required to manage access as directed by state law; and WHEREAS no additional street connections are allowed within the Access Area under prior access purchase, authorizations, and covenant by and with the Department; and WHEREAS the access area is defined as the area from USH 151 to the northern line of section NESE Sec08 T13N R15E and NWSW Sec09 T13N R15E per Project F017-2(53); and WHEREAS access is statutorily controlled through Project 1392-03-29 to the south side of Buwalda Rd; and WHEREAS the City wants to change the current access to provide for additional and continued development adjacent to the Access Area; and WHEREAS the Department recognizes the potential for and probability of additional future subdividing and development of land near the Access Area; and WHEREAS in analyzing and allowing any access to a state highway, the Department must comply with its obligations to protect the safety of the travelling public and to protect the investment of the Department of Wisconsin in its highways; and WHEREAS the Department must determine an access change is in the public interest regarding support of economic development and continued management of access resulting in safe and operational highways; and WHEREAS an MOA between the City and the Department establishes requirements, commitments, and agreements for the requested street connection; and WHEREAS any changes in access require the City to follow applicable state procedures. Page 2 of 5 NOW THEREFORE, the parties hereby acknowledge, understand, and agree to the following: 1. Street Connections a. The City and the Department agree that certain changes to highway access are beneficial for orderly land development and are in harmony with protecting the safety of the traveling public and the investment of the State in its highways. The City and the Department agree to cooperate toward a long-term goal of relocating private access points within the Access Area to local public streets. b. Lands west of STH 26 (excluding Parcel 292-1315-0844-001) are located within the Town of Chester. The City hopes to annex and develop these lands in the future. c. As lands west of STH 26 are annexed into the City, Milligan Rd will be disconnected from STH 26, due to safety concerns and not meeting spacing guidelines from the USH151 interchange. d. The Department reserves the right to require the City to conduct, at its own expense and by a qualified engineering firm approved by the Department, periodic engineering studies of any of the City’s access points in the Access Area no more frequently than every two years. In addition, the Department will require the City to prepare an engineering study pursuant to this paragraph if: i. Crash rates associated with any access point within the Access Area approaches or meets statewide crash rates for this type of roadway facility as determined by the Department; or ii. Any access point in the Access Area regularly contributes to queuing of vehicles onto USH 151 ramps. e. No additional street connections will be allowed within the STH 26 Access Area. 2. Costs a. The City shall be responsible for the following: i. Costs associated with preparing documents required to be submitted for any access change. ii. Costs associated with the construction of all required improvements within Access Area along STH 26 relating to the street connections, including those required to preserve safe and efficient travel along STH 26. b. Nothing in this MOA referencing or resulting in costs that may be incurred by the City is intended to limit the City’s ability to pass those costs on to any developer or other landowners through development agreements, land divisions, improvements, zoning approvals, special assessment proceedings, impact fees, or other legal means. 3. City Responsibilities a. Prior to approval of work within state right-of-way, the City shall provide the Department with a state-type plan set that conforms to state specifications. The City shall provide oversight of construction through a consultant who has previously done construction oversight for the Department. b. Prior to issuance of the work on right of way permit associated with any access change, preparation and execution of a Maintenance Agreement between the City and the Department will be required to account for all maintenance activities beyond regular roadway work caused by access improvements. c. The City and the Department agree to relocate private access along Access Control area as opportunities occur. d. The City shall provide interconnectivity to nearby developments through local street connections or other means acceptable to the Department to provide reasonable alternative access in the event the Department requires any access point to STH 26 be altered or closed. e. Preparation and execution of a State Municipal Agreement (SMA) with the appropriate municipality is required to account for all costs associated with this MOA. Page 3 of 5 4. Zoning Changes The Access Area within City’s access jurisdiction includes multiple single family residential and commercial parcels. In addition to the subdivision approvals required under chapter 236 Wis. Stats., the City agrees that, in the event any of these parcels are re-zoned, they will notify the Department and will not make any access changes for those parcels unless the Department agrees to the same. 5. Additional Provisions a. Parties agree that additional improvements and agreements may be necessary based on further development in the area. The parties will cooperatively review any proposed development and associated traffic generating potential. b. All construction within state right-of-way shall conform to requirements set forth by the Department in the work on right-of-way and state highway connection permit approval process. No construction shall commence prior to issuance of required permits. c. This MOA is limited to the subject matter contained herein and shall not, without written amendment approved by signature of each party to this MOA, be altered or expanded. This MOA may be amended only by written agreement under signature of each party to this MOA. d. City agrees to provide the Department any request for additional development or land divisions prior to approval by City. e. City agrees to apply the terms of this MOA to any request for additional development in order to remain in compliance with the terms of the same. 6. Enforcement a. The provisions of this MOA are intended to be enforceable between the parties. In the event of a dispute between the parties, they shall meet and attempt to resolve the dispute informally. In the event any access is created or permitted in violation of the terms of this MOA or in violation of access previously established or acquired by the Department, the Department may close access. The City shall indemnify the Department for all costs associated with the identification and correction of access changes that violate the provisions of this MOA. b. Costs of the Department may be set off against any amounts owned by the Department to the City for any purpose. c. This MOA shall be recorded in a manner agreed to by all parties to ensure all affected persons have full and equal access to this MOA. Nothing herein shall limit the statutory obligations and privileges of the Department. d. This MOA is effective on the date signed by the last signing party to the MOA. This MOA may be executed in original counterparts, each counterpart deemed a valid original signature. e. This MOA shall be interpreted pursuant to the laws of the State of Wisconsin. f. This MOA does not establish, nor shall any appeal rights accrue, under Wis. Stat. § 84.25 or any other provision of Wisconsin law. g. In the event any party or Developer fails to adhere to the terms of the highway connection permits or the work on right of way permits associated with this MOA, or Developer fails to meet the terms of the City/Developer development agreement, the Department may terminate this MOA upon thirty days (30) notice. In the event party or Developer fails to cure the defect/breach within a reasonable time as defined solely by the Department, the Department may revoke any permissions associated with this MOA as granted by the Department. The Department may require any work performed prior to such termination be removed at the cost of the City. The Department may perform such removal at its discretion and may set off the costs of the same to City from any amounts owed to the City by the Department. Page 4 of 5 7. Severability: If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties. In Witness WHEREOF, the parties agree as provided by the following signatures. _____________________________________________ _____________________________ Rohn W. Bishop Date City of Waupun, Mayor Resolution of Approval of Memorandum of Agreement by City approved on ________________ attached hereto for reference. Date _____________________________________________ _____________________________ Michelle Ellias Date SW Region – Systems Planning, Chief WisDOT – Div. of Transportation System Development Page 5 of 5 Exhibit A AGENDA SUMMARY SHEET MEETING DATE: 09/08/26 TITLE: Waupun Community Center Gymnasium Upgrades AGENDA SECTION: CONSIDERATION-ACTION PRESENTER: Rachel Kaminski, Recreation Program Director DEPARMTENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT Economic Vitality/Quality of Life Waupun Community Center Donation Fund ISSUE SUMMARY Last winter, after school and evening open gym at the Community Center was highly popular. There were many times Community Center staff had to turn people away due to capacity of the sports being played at the same time by different age groups. That also made it difficult for youth basketball to use the Community Center as an alternative practice space. At the August 24, 2026 Board of Park and Recreation meeting, the Board made recommendation to Install 4 additional basketball hoops to allow 2 basketball pick-up games to be played simultaneously or 1 basketball game and 1-2 pickleball games to be played at the same time. Additional basketball hoops will also aid in the opportunity for youth basketball to practice and open gym participants to play at the same time. The divider curtains will be extremely helpful with participant safety by blocking loose balls and players from entering another game or sport that is happening. The curtains will also allow Community Center staff to separate participants by sports, but also by age and activity safely. The wall safety pads will better protect basketball players under the additional hoops. These gym upgrades will positively increase membership and day pass use. The attached quote is from the same company that was used for the original gymnasium basketball hoops, wall safety pads, and pickleball net systems. Funds for this purchase will be made from the Waupun Community Center Donation Fund. STAFF RECOMMENDATION: Approve Board of Park & Recreation Commission recommendation for purchase and installation of gym upgrades. ATTACHMENTS: Quote from Specialty Closures Inc. RECOMMENDED MOTION: Motion to approve the use of the Waupun Community Center Donation Fund to purchase and install additional basketball hoops, divider curtains, and safety wall pads for the Waupun Community Center gymnasium. Community Center Gymnasium Quote: AGENDA SUMMARY SHEET MEETING DATE: 9/08/26 TITLE: Waupun Community Fund McCune Park Improvements AGENDA SECTION: CONSIDERATION-ACTION PRESENTER: Rohn Bishop, Mayor DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT SUMMARY: The Waupun Community Fund has been working to evaluate community interests and needs. They are interested in the potential of improvements at McCune Park. The group has reviewed the McCune Park Master plan and members will be present to discuss the possibility of locating a splash pad on the site. In follow up since the initial presentation in August, community support has been forming and Mayor Bishop will discuss this commitment for further consideration of donation acceptance and placement at McCune Park. STAFF RECOMMENDATION: ATTACHMENTS: RECOMMENDED MOTION: AGENDA SUMMARY SHEET MEETING DATE: 9/8/26 TITLE: Future Meetings, License-Permit Applications, Expenses AGENDA SECTION: CONSIDERATION-ACTION PRESENTER: Angela Hull, City Clerk/Treasurer DEPARMTENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT High Performance Government FUTURE MEETINGS Tuesday, September 29, 2026 Committee of the Whole 5:30PM Tuesday, October 13, 2026 Common Council 6:00PM Tuesday, October 27, 2026 Committee of the Whole 5:30PM Tuesday, November 10, 2026 Common Council 6:00PM Tuesday, November 24, 2026 Committee of the Whole 5:30PM (November 26 Thanksgiving-Closed) Tuesday, December 8, 2026 Common Council 6:00PM Tuesday, December 29, 2026 Committee of the Whole 5:30PM (December 24 & 25 Christmas-Closed) LICENSE-PERMITS Operator’s License- Jessica Standke, Jarrod Vanloo, Cayla Biel Temporary Class B- Kickin for Kevin Inc. on 10/17/26 at 810 E Lincoln St. Waupun EXPENSES Attached MOTION Motion to approve license and permits and authorize payment of expenses. PROCLAMATION Presented In Recognition of 2026 SUICIDE PREVENTION WEEK This Proclamation recognizes suicide as a preventable national and statewide public health problem, and suicide prevention as a national and statewide responsibility, and designates September 6th through September 12 th as “Suicide Prevention Week” in Waupun, WI. WHEREAS, in 2023, suicide was the 11th leading cause of death overall in the United States and the 2nd leading cause of death among individuals aged 10 to 34 years (Centers for Disease Control [CDC]); WHEREAS, in the United States in 2023, over 49,000 individuals died by suicide (CDC); WHEREAS, suicide rates increased approximately 36% in the United States from 2000-2023 (CDC); WHEREAS, in 2023, an estimated 12.8 million ad ults aged 18 years or older reported having serious thoughts of suicide and 1.5 million adults attempted suicide in the past year (National Survey on Drug Use and Health); WHEREAS, in 2023, two in ten high school students seriously considered attempting suicide and almost one in ten high school students reported that they had made at least one suicide attempt in the past year (Youth Risk Behavior Survey); WHEREAS, in 2023, Wisconsin reported 921 suicide deaths (WI Department of Health Services); WHEREAS, in in 2025, 3,167 Wisconsin residents received emergency department care for nonfatal self-harm (WI Department of Health Services); WHEREAS, over 90% of the people who die by suicide have a diagnosable and potentially treatable mental health condition, although often that condition is not recognized or treated; WHEREAS, the burden of suicide is estimated to cost over $510 billion in medical, work loss, value of statistical life, and quality of life costs nationally (CDC); WHEREAS, the negative attitudes associated with mental health conditions and suicidal thoughts and behaviors work against suicide prevention by discouraging persons at risk for suicide from seeking life-saving help and further traumatizes survivors of suicide loss and people with lived experience of suicide; WHEREAS, if someone can get through the intense and short moment of an active suicidal crisis, they are unlikely to ultim ately die from suicide; WHEREAS, asking someone directly if they’re thinking about suicide will not “put the idea in their head” and most will be relieved someone starts a conversation; WHEREAS, most people who survive a suicide attempt (85 -95%) go on to engage in life; WHEREAS, everyone has a role to play in preventing suicide and can learn suicide risks and warning signs and encourage those who struggle to seek help; WHEREAS, organizations such as The American Foundation for Suicide Prevention envision a world without suicide, and are dedicated to saving lives and bringing hope to those affected by suicide, through research, education, advocacy, and resources for those who have lost someone to s uicide or struggled themselves, and urge that we: 1. Recognize suicide as a preventable national and state public health problem and declare suicide prevention to be a priority. 2. Acknowledge that no single suicide prevention program or effort will be appropriate for all populations or communities. 3. Encourage initiatives based on the goals contained in the 2024 National Strategy for Suicide Prevention and Wisconsin’s Suicide Prevention Plan: Strategies for Action and Hope 4. Promote awareness that there is no single cause for suicide; that suicide is complex; that risk may increase for a person when multiple contributors (e.g., mental health conditions, substance use and physical health conditions and pain, past trauma) converge in the context of stress; and that when a person has access to lethal means they may die by suicide. 5. Develop and implement strategies to increase access to and the delivery of quality mental health, substance use, and suicide prevention crisis care and treatment and recovery services. THEREFORE, BE IT RESOLVED that, I, Rohn W. Bishop, Mayor of Waupun, WI do hereby designate September 6th through September 12th as “SUICIDE PREVENTION WEEK" Signed on this 3rd day of September 2026. _____________________________________ Rohn W. Bishop, Mayor of Waupun Attest: _____________________________________ Angela J. Hull, City Clerk of Waupun