Trans 200.06(11)(a)3. 3. Failure to comply with any application or permit renewal requirement under sub. (3).
Trans 200.06(11)(a)4. 4. Failure to receive timely payment of any fee required by the department under sub. (4);
Trans 200.06(11)(a)5. 5. Failure to comply with any signing criteria under sub. (6) (a);
Trans 200.06(11)(a)6. 6. Failure to comply with an emergency rule promulgated by the department to comply with more restrictive federal standards under sub. (10);
Trans 200.06(11)(a)7. 7. Failure to have a valid business sign permit approved by the department at the time the sign is removed;
Trans 200.06(11)(a)8. 8. Failure to comply with any condition of any business sign permit;
Trans 200.06(11)(b) (b) The department may also remove a business sign to facilitate construction, maintenance or utility work within the limits of the public highway, including sign erection or maintenance, when approved by the department. The department shall provide restoration of the sign upon completion of the work.
Trans 200.06(11)(c) (c) Removal of a business sign by the department shall not be stayed by the filing of any contested case, by any appeal of the department's decision or order to remove the sign, or while the final decision is pending in any contested case or appeal.
Trans 200.06(11)(d) (d) Removal of a business sign by the department as a result of the department's denial of a permit renewal shall not be stayed pending the final decision in any contested case or any appeal of the department's denial of the permit renewal.
Trans 200.06(11)(e) (e) The department may remove a business sign at any time for any reason stated in this subsection whether the reason for removal occurs before or after issuance of the permit by the department, renewal or denial of the permit, or erection of the sign.
Trans 200.06(11)(f) (f) The department may remove a business sign at any time for any reason stated in this subsection whether the reason for removal results from action or inaction of the department, an applicant, permittee, the department's contractor, or any other person or any other event or occurrence. The department shall provide for restoration of the sign, or refund, if the removal results from an error of the department or the department's contractor in locating the sign.
Trans 200.06(12)(a)(a) Priority. The department will establish an initial application period for "ATTRACTION" category signs ending the first day of the second month commencing after the effective date of this chapter. If, after review by the advisory committee, there are more eligible applicants than spaces available at any one location, priority will be given to those eligible "ATTRACTIONS" recommended by the advisory committee and closest to the intersection or exit. When there is any eligible attraction within the first 3 miles from the intersection or exit that has applied, no applicants outside the 3-mile distance may be approved. Remaining applications will be retained for consideration when space becomes available for attractions at that location. Following the initial application period when opportunities arise to replace or add an attraction to a specific information sign, the applications on file for that sign location will be referred to the advisory council for review of current eligibility. The advisory council report will be used by the department in determining which applicant will be approved. The department will select the eligible attraction closest to the intersection or exit. When 2 or more eligible attractions exist at the same distance from the intersection or interchange, the date the application was received may be used as a tiebreaker. After the sign has been erected, attractions cannot be removed from a sign based on distance alone.
Trans 200.06(12)(b) (b) Distance. If the attraction is greater than 3 miles but less than the 5-mile limit from the highway interchange, the ramp sign shall include the number of miles to that location as part of the business logo. The ramp sign shall also include the number of miles to the location if the distance limit for the category of "ATTRACTION" is increased by a statutory enactment of the Wisconsin Legislature that is consistent with federal law.
Trans 200.06(12)(c) (c) Seasonal attractions. If the attraction is seasonal, the attraction business sign will be removed or covered with a closed plaque during the off-season. If a waiting list exists, the department may offer the spot temporarily, but the seasonal business will go back on the sign during the next "open" season.
Trans 200.06 Note Note: A different rate may be necessary to accommodate seasonal businesses due to the increased maintenance necessary.
Trans 200.06 History History: Cr. Register, March, 1984, No. 339, eff. 4-1-84; emerg. am. (1) (intro.), (a) to (h), (k), (q), (3) (e) and (f), (4) (a), (5) (a) and (b), (6) (e) 2., (7) (a) 4., r. (1) (a) and (b), (3) (d), (4) (b) to (d), cr. (1) (x), (3) (i), (5) (d), and (12), r. and recr. (3) (g), eff. 6-13-86; am. (1) (intro.), (e), (h), (k), (q), (3) (e) and (f), (5) (a) and (b), (6) (e) 2. and (7) (a) 4., r. (1) (a) and (b) and (3) (d), cr. (1) (x), r. and recr. (3) (g), Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (d), (f) to (h), (k), (3) (f) and (5) (a), renum. (4) (a) to be (4) and am., r. (4) (b) to (d), cr. (3) (i), (5) (d) and (12), Register, February, 1987, No. 374, eff. 3-1-87; am. (1) (intro.), (h), (p), (2) (intro.), (6) (e), (7) (b) and (8) (a) 2., r. (1) (e), (x), (2) (a) to (d), (3) (b) and (6) (d), r. and recr. (6) (a), (c), (7) (c) 1. and (8) (b), renum. (12) to be (3) (a) 2. and am., Register, July, 1992, No. 439, eff. 8-1-92; correction in (9) (b) made under s. 13.93 (2m) (b) 7., Stats., Register March 1999 No. 519; CR 05-082: r. and recr. (7) (b) 3., am. (7) (c) 1. Register February 2006 No. 602, eff. 3-1-06; CR 06-103: am. (2) and (7) (c) 1., cr. (2g), (2r) and (12) Register July 2007 No. 619, eff. 8-1-07; corrections in (3) (a) 1., (c) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686; CR 12-046: am. (7) (b) 3. a. Register December 2013 No. 696, eff. 1-1-14.
Trans 200.07 Trans 200.07 Handicapped parking signs.
Trans 200.07(1) (1) Purpose. The purpose of this section is to define and illustrate the design, size and installation requirements of the official traffic signs required under s. 346.503 (1m), Stats., related to reserved parking spaces for handicapped persons.
Trans 200.07(2) (2)Sign description.
Trans 200.07(2)(a)(a) The sign shall consist of a white rectangle with longer dimension vertical, having green message, a green arrow, if required under this section, and a blue and white international symbol for the barrier-free environments. The sign may be reflective or non-reflective.
Trans 200.07(2)(b) (b) The sign shall include the words "reserved parking" and the words "vehicles with VET or DIS plates or state disabled card"or other words with a similar meaning.
Trans 200.07(2)(c) (c) The size of the sign shall be not less than 12 inches by 18 inches. When used on a highway with a speed limit of more than 35 miles per hour, it shall be not less than 18 inches by 24 inches.
Trans 200.07(2)(d) (d) A right arrow, left arrow or the words "This Stall" or similar wording shall be included near the bottom of the sign.
Trans 200.07(3) (3)Sign placement. Each sign shall be erected on an adequate support. On highways, the vertical distance from roadway to the bottom of a sign shall be not less than 7 feet, except when overhead obstructions necessitate a lower height. In off-highway parking lots, the vertical distance from the parking lot surface, or top of curb if any, to the bottom of a sign shall be not less than 4 feet. A single sign with the message "This Space" or similar wording shall be used to designate a single reserved space. At least 2 signs are required for multiple reserved spaces. When 2 signs are used they shall be located at the outermost limits of the spaces reserved and, by arrow, designate the location of the reserved spaces.
Trans 200.07(3)(a) (a) A sign shall be located at the end of an angled or right-angled space and shall be set to face a motorist entering the space.
Trans 200.07(3)(b) (b) When the reserved space is parallel to the edge of a roadway, a sign shall be set at an angle of approximately 30° with the line of traffic.
Trans 200.07(4) (4) Signs which are in place prior to May 1, 1983 may remain in place and have the same effect as the signs described herein for 5 years after May 1, 1983 provided that they include the international symbol for barrier-free environments and the wording required under sub. (2) (b) either as part of the original sign or on a supplementary plaque or plaques. The requirements under sub. (3) do not apply to these signs.
Trans 200.07 History History: Cr. Register, April, 1983, No. 328, eff. 5-1-83; r. (5), Register, September, 1986, No. 369, eff. 10-1-86; correction made in (4) under s. 13.93 (2m) (b) 14., Stats., Register, July, 1992, No. 439; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.
Trans 200.08 Trans 200.08 Tourist-oriented directional signs.
Trans 200.08(1)(1) Signs permitted. The department and local authorities that have adopted an enabling ordinance may authorize the erection and maintenance of tourist-oriented directional signs within highways under their jurisdiction subject to the provisions of s. 86.196, Stats., and the following restrictions:
Trans 200.08(1)(a) (a) No tourist-oriented directional sign may be erected or maintained by an applicant.
Trans 200.08(1)(b) (b) No tourist-oriented directional sign may be erected or maintained for any business that has a guidance sign erected on a right-of-way under s. Trans 200.03 on the same road, in the same direction, unless the guidance sign is removed before the tourist-oriented directional sign is erected.
Trans 200.08(1)(c) (c) No tourist-oriented directional sign may be installed or maintained directing to a tourist-oriented business, service or activity that is located within an urban area as defined by s. 86.196 (1) (c), Stats.
Trans 200.08(1)(d) (d) No tourist-oriented directional sign may be erected or maintained that fails to conform with s. 86.19, 86.191, 86.196 or 346.41, Stats., or rules implementing or interpreting these statutes, as determined by the department.
Trans 200.08(1)(e) (e) No tourist-oriented directional sign may be erected or maintained if the applicant has an outdoor advertising sign for the same business, service or activity in violation of s. 84.30, Stats., or ch. Trans 201.
Trans 200.08(1)(f) (f) Any person permitted to have a tourist-oriented directional sign shall provide for the installation and maintenance of any supplemental signing deemed necessary by the department to guide traffic to the tourist-oriented business, service or activity.
Trans 200.08(1)(g)1.1. No tourist-oriented directional sign may be erected on a conventional state trunk highway directing to a tourist-oriented business, service or activity that is located on a freeway, expressway or any other conventional state trunk highway. Local authorities may adopt similar restrictions with reference to highways under their jurisdiction.
Trans 200.08(1)(g)2. 2. No tourist-oriented directional sign may be erected on an expressway directing to a tourist-oriented business, service or activity that is located on a freeway or any other expressway.
Trans 200.08(1)(h) (h) No intersection tourist-oriented directional assembly may be erected or maintained at a location such that there exists another intersection between the assembly and the intersection at which the assembly applies. The department may authorize advance tourist-oriented directional assemblies in accordance with sub. (6) (d) and (e) at locations where 2 intersections are so closely spaced that it is not practical to install intersection tourist-oriented directional assemblies between the 2 intersections.
Trans 200.08(1)(i) (i) The location of an existing official traffic control device, or the need for a new device, shall take precedence over the location of a tourist-oriented directional sign, either existing or proposed.
Trans 200.08(1)(j) (j) The department reserves the right to require the relocation or removal of tourist-oriented directional signs, if necessary, for the safety of the traveling public, to install official traffic signs at or in the vicinity of existing tourist-oriented directional signs.
Trans 200.08(1)(k) (k) When there are more tourist-oriented directional signs requested than the number that may be permitted, priority shall be given in the following order:
Trans 200.08(1)(k)1. 1. The businesses, services or activities with existing permitted tourist-oriented directional signs.
Trans 200.08(1)(k)2. 2. Businesses, services or activities with the earliest received application. Applications received on the same day will be considered received simultaneously.
Trans 200.08(1)(k)3. 3. The business, service or activity that is nearest the highway on which the tourist-oriented directional sign is located.
Trans 200.08(1)(L) (L) Any tourist-oriented directional sign for a business, service or activity operated on a seasonal basis shall be removed during off-seasons. The permittee shall notify the department or its contractor not less than 15 calendar days before the closing and reopening date.
Trans 200.08(1)(m) (m) No tourist-oriented directional sign may be erected or maintained:
Trans 200.08(1)(m)1. 1. That does not meet department specifications.
Trans 200.08(1)(m)2. 2. That has an objectionable appearance as determined by the department due to accident, vandalism, fading, deterioration or other causes.
Trans 200.08(1)(m)3. 3. That fails to conform with Wisconsin or federal statutes or rules.
Trans 200.08(1)(m)4. 4. In violation of an order of the department or any court of competent jurisdiction.
Trans 200.08(1)(m)5. 5. For any business service or activity that fails to conform with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin.
Trans 200.08(1)(m)6. 6. If the business, service or activity does not meet pertinent health and other administrative regulations including, but not limited to, licensure by an appropriate agency.
Trans 200.08(1)(m)7. 7. Until an investigation by the department determines that no conflict resulting in unsafe driving conditions will exist with other official traffic control devices.
Trans 200.08(1)(m)8. 8. Which displays the hours of operation or dates of operation, if seasonal, of the business, service or activity.
Trans 200.08(1)(m)9. 9. To direct to a business, service or activity that is located on the same highway on which tourist-oriented directional signs are requested.
Trans 200.08(1)(n) (n) Tourist-oriented directional sign removal shall not be stayed by filing any appeal of the department's decision or order to remove a tourist-oriented directional sign. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54, Stats.
Trans 200.08(1)(o) (o) Tourist-oriented directional sign removal shall not affect a sign requestor's liability for any unpaid fees, interest and costs of collection as determined by the department.
Trans 200.08(2) (2)Businesses, services, activities permitted. In order to qualify for a tourist-oriented directional sign, the business, service or activity:
Trans 200.08(2)(a) (a) Shall be conducted in an appropriate area or in a building appropriately designed for the purpose and shall be open to the public;
Trans 200.08(2)(b) (b) May not be conducted in a building principally used as a residence unless there is a convenient, separate and well-marked entrance leading to the business, service or activity;
Trans 200.08(2)(c) (c) Shall be maintained in a manner consistent with standards generally accepted for that type of business, service or activity;
Trans 200.08(2)(d) (d) Shall be of significant interest to the traveling public to the extent that 50% or more of its annual visitors or its annual gross income is derived from customers residing outside the immediate area in which the business, service or activity is located; and
Trans 200.08(2)(e) (e) Shall qualify under one of the following categories:
Trans 200.08(2)(e)1. 1. Gas. Services provided shall conform with provisions of s. 86.195 (3) (a), Stats.
Trans 200.08(2)(e)2. 2. Food. Services provided shall conform with provisions of s. 86.195 (3) (b), Stats.
Trans 200.08(2)(e)3. 3. Lodging. Services provided shall conform with provisions of s. 86.195 (3) (c), Stats.
Trans 200.08(2)(e)4. 4. Camping. Services provided shall conform with provisions of s. 86.195 (3) (d), Stats.
Trans 200.08(2)(e)5. 5. Tourist attraction. A tourist attraction shall:
Trans 200.08(2)(e)5.a. a. Be of significant interest to the traveling public;
Trans 200.08(2)(e)5.b. b. Be open a minimum of 8 hours per day, and 5 days per week, if the highway on which the tourist-oriented directional sign is located is a state trunk highway;
Trans 200.08(2)(e)5.c. c. Be in operation the greater part of 3 consecutive months, if the highway on which the tourist-oriented directional sign is located is a state trunk highway; and
Trans 200.08(2)(e)5.d. d. Be licensed or approved if required.
Trans 200.08(3) (3)Advisory council. The department may appoint an advisory council under ss. 15.04 (1) (c) and 15.09, Stats., to review applications for tourist-oriented directional signs on the state trunk highway system in the tourist attraction category and for "ATTRACTION" category signs under s. Trans 200.06. This 7 member council shall include representatives from the tourism industry, department of tourism, department of safety and professional services, and other organizations as determined by the department and shall make recommendations to the department to approve or deny applications. The department shall make the final decision on applications. The department shall furnish to the advisory council minimum criteria and requirements for the uniform evaluation and assessment of applications. The department, in collaboration with the advisory council, may make revisions to the application evaluation criteria if at any time it is apparent that the criteria or implementation process are inequitable to the applicants or that the signing itself creates operational or safety concerns. The advisory council shall meet as needed to consider and make recommendations on applications received by the department. The department may act on any application not acted upon by the advisory council within 60 days of forwarding of the application to the council. Members of the advisory council will not be compensated for their services or reimbursed for their expenses, except the department may reimburse private citizen members in hardship cases for actual and necessary expenses incurred in the performance of their duties.
Trans 200.08(4) (4)Application, permit and renewal procedure.
Trans 200.08(4)(a)(a) The department shall provide forms for tourist-oriented directional sign applications at its region offices. Completed applications shall be submitted to the region office for the region where the tourist-oriented directional sign is to be located. Each applicant shall provide all information required on the department's application form. If the application for the tourist-oriented directional sign is denied, the application fee shall be returned.
Trans 200.08(4)(b) (b) Each applicant shall give written assurance on its application to the department that the applicant's business, service or activity conforms with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin.
Trans 200.08(4)(c) (c) Each applicant shall indicate on its application whether its business, service or activity is seasonal and the closing and opening dates of the business if seasonal. The applicant shall give assurance to the department that it will provide prior notification of at least 15 calendar days to the region office of the region in which the tourist-oriented directional sign is located of any change in seasonal dates.
Trans 200.08(4)(d) (d) Each applicant shall state on its application that it shall furnish the department, upon granting of the permit, the legend and directional information meeting the department's specifications for tourist-oriented directional signs.
Trans 200.08(4)(e) (e) If a tourist-oriented directional sign application is approved, the application fee of $20.00 per year for each year of the initial 5-year period of the tourist-oriented directional sign program shall be retained by the department for administrative costs and routine inspection. Renewal of the permit shall be subject to review and approval or denial by the department and the department shall re-evaluate the fee during the 5-year period and shall establish a new fee to cover costs in order to comply with s. 86.196 (2) (c), Stats.
Trans 200.08(4)(f) (f) The business, service or activity for which a tourist-oriented directional sign is requested shall be the applicant's and the permit shall be issued to the applicant.
Trans 200.08(4)(g) (g) In lieu of the application and permit renewal procedure under pars. (a) to (f), the department may enter into a contract or contracts with a private contractor or contractors that specify substantially similar application and permit renewal procedures.
Trans 200.08(4)(h) (h) Notwithstanding any prior grant or renewal of a tourist-oriented directional sign permit, the renewal of the permit shall not be granted, or the permit previously granted shall be revoked for any one of the following reasons:
Trans 200.08(4)(h)1. 1. If the qualified business, service or activity fails to provide the services required to qualify for a tourist-oriented directional sign so as to justify a finding that the business, service or activity is not in substantial compliance with this section;
Trans 200.08(4)(h)2. 2. If the qualified business, service or activity fails during its normal business season to open for business for more than 7 consecutive days, or for more than 10 days cumulatively, during any one-month period, unless the department finds that such closure was beyond the control of the owner or responsible operator or that the closure was justified by extenuating circumstances.
Trans 200.08(4)(i) (i) If, due to fire, accident or similar cause, a qualified business, service or activity becomes inoperable for an extended period of time, exceeding 7 days, but not more than 90 days, its tourist-oriented directional sign shall be temporarily removed but shall not lose its priority. Under these circumstances, it shall be unnecessary to reapply prior to the normal time for a permit renewal. Further extensions may be granted if good cause is shown. However, failure of the owner or responsible operator to proceed with necessary repairs as rapidly as possible shall cause loss of the right to continued placement of the tourist-oriented directional sign and will require a new permit application.
Trans 200.08(4)(j) (j) All tourist-oriented directional sign permits may be canceled by the department on 30 days written notice; except that when good cause is shown, a permit may be canceled with 10 days written notice.
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