A.
Statutes adopted. Except as otherwise specifically
provided in this Code, the statutory provisions in Chs. 340 to 348,
Wis. Stats., describing and defining regulations with respect to vehicles
and traffic, for which the penalty is a forfeiture only, excluding
penalties to be imposed and procedures for prosecution, are hereby
adopted and by reference made a part of this chapter as if fully set
forth herein. Any act required to be performed or prohibited by any
regulation incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the statutory regulations in Chs. 340 to 348, Wis. Stats., incorporated
herein are intended to be made part of this chapter in order to secure
to the extent legally practicable uniform statewide regulation of
vehicle traffic on the highways, streets and alleys of the State of
Wisconsin. Any person who shall, within the Town of Cedarburg, Wisconsin,
violate any provisions of any statute incorporated herein by reference
shall be deemed guilty of an offense under this section.
B.
Other state laws adopted. There are also hereby adopted
by reference the following sections of the Wisconsin Statutes, but
the prosecution of such offenses under this chapter shall be as provided
in Chs. 340 to 348, Wis. Stats., and the penalty for violation thereof
shall be limited to a forfeiture as hereinafter provided in this chapter:
C.
Statutes specifically incorporated by reference. Whenever
this chapter incorporates by reference specific sections of the Wisconsin
Statutes, such references shall mean the Wisconsin Statutes as from
time to time amended, repealed or modified by the Wisconsin Legislature.
D.
General references. General references in this chapter
to Wisconsin statutory sections or chapters describing or defining
procedures or authority for enactment or enforcement of local traffic
regulations shall be deemed to refer to the most recent enactments
of the Wisconsin Legislature describing or defining such procedures
or authority.
A.
Administrative regulations adopted. The following
administrative rules and regulations adopted by the Secretary of the
Wisconsin Department of Transportation and published in the Wisconsin
Administrative Code, exclusive of any provisions therein relating
to the penalties to be imposed, are hereby adopted by reference and
made part of this chapter as if fully set forth herein:
B.
Noncompliance prohibited. No person shall operate or allow to be operated on any highway, street or alley within the Town of Cedarburg a vehicle that is not in conformity with the requirements of Subsection A or the provisions of § 110.075 and Ch. 347, Wis. Stats., incorporated by reference in § 305-1 of this chapter.
C.
Owner's liability. Any owner of a vehicle not equipped
as required by this section who knowingly causes or permits such vehicle
to be operated on a highway in violation of this section is guilty
of the violation the same as if he or she had operated the vehicle.
The provisions of § 347.04, Wis. Stats., relating to nonapplicability
of demerit points shall apply to owners convicted of a violation of
this section.
D.
Safety checks.
(1)
Operators to submit to inspection. When directed to
do so by any law enforcement officer, the operator of any motor vehicle
shall stop and submit such vehicle to an inspection and such tests
as are necessary to determine whether the vehicle meets the requirements
of this section or that the vehicle's equipment is in proper adjustment
or repair. No person, when operating a motor vehicle, shall fail to
stop and submit such vehicle to inspection when directed to do so
by any law enforcement officer as herein provided.
(2)
Authority of officer. Any law enforcement officer
of the Town is hereby empowered, whenever he or she shall have reason
to believe that any provision of this section is being violated, to
order the operator of the vehicle to stop and to submit such vehicle
to an inspection with respect to brakes, lights, turn signals, steering,
horns and warning devices, glass, mirrors, exhaust systems, windshield
wipers, tires and other items of equipment.
(3)
Vehicle to be removed from highway. Whenever, after
inspection as provided by this section, a law enforcement officer
determines that a vehicle is unsafe for operation, he or she may order
it removed from the highway and not operated, except for purposes
of removal and repair until the vehicle has been repaired as directed
in a repair order. Repair orders may be in the form prescribed by
the Secretary of the Department of Transportation under § 110.075(5),
Wis. Stats., and shall require the vehicle owner or operator to cause
the repairs to be made and return evidence of compliance with the
repair order to the department of the issuing officer within the time
specified in the order.
A.
Duty of Town Administrator to erect and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including a State of Wisconsin traffic regulation adopted by reference in § 305-1, require the erection of traffic control devices for enforcement, the Town Administrator shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of Transportation giving notice of such traffic regulation to the users of the streets and highways on which such regulations apply. Whenever state law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such a manner as, in the judgment of the Town Administrator or his designee, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the Town of Cedarburg.
B.
Code numbers to be affixed to official traffic control devices. The Town Administrator or his designee shall cause to be placed on each official traffic control sign, guide board, milepost, signal or marker erected under Subsection A a code number assigned by the Wisconsin Department of Transportation and shall also place or direct the placing of code numbers on all existing official traffic control devices as required by the laws of the State of Wisconsin.
C.
Prohibited signs and markers in highways. No person other than an officer authorized by this chapter to erect and maintain official traffic control devices or his or her designee shall place within the limits of any street or highway maintained by the Town any sign, signal, marker, mark or monument unless permission is first obtained from the Town Administrator or, where applicable, the State Highway Commission. Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal as provided in Subsection D.
D.
Removal of unofficial signs, markers, signals and
traffic control devices. The Town Administrator or designee may remove
any sign, signal, marking or other device which is placed, maintained
or displayed in violation of this chapter or state law. Any charge
imposed against premises for removal of a prohibited or illegal sign,
signal, marking or device shall be reported by the Town Administrator
or his designee to the Town Board for review and certification at
its next regular meeting following the imposition of the charge. Any
charge not paid on or before the next succeeding November 15 shall
be placed upon the tax roll for collection as other special municipal
taxes.
When any vehicle is found upon a street or highway in violation of any provision of this chapter regulating the stopping, standing or parking of vehicles and the identity of the operator cannot be determined, the owner, as shown by the ownership registration of the vehicle supplied by the Wisconsin Department of Transportation, or a comparable authority of any other state, shall be deemed to have committed the violation for purposes of enforcement of this chapter and specifically § 305-1 and shall be subject to the applicable forfeiture penalty, provided that the defenses defined and described in § 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation.
Notwithstanding the provisions of § 346.48(2)(b)2, Wis. Stats., adopted by reference in § 305-1 to the contrary, school bus operators shall use flashing red warning lights in residential and business districts when pupils or other authorized passengers are to be loaded or unloaded at locations at which there are no crosswalks or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded.
A.
Official traffic map established. There is hereby
established an Official Traffic Map for the Town of Cedarburg upon
which shall be indicated no parking areas, restricted parking areas,
stop signs, arterial intersections, yield signs, special speed limits,
one-way highways, school crossings and all other restrictions or limitations
contained in this chapter, as from time to time amended or modified
by the Town Board, when the laws of the State of Wisconsin require
the erection or use of official traffic control devices to enforce
such restrictions or limitations.
B.
Violations prohibited. When official traffic control
devices giving notice of the restrictions, prohibitions and limitations
shown on the Official Traffic Map are erected and maintained in accordance
with the provisions of this section, a violation of the restriction,
prohibition or limitation shown on the Official Traffic Map shall
be a violation of the provisions of this chapter.
C.
Map to be maintained. A copy of the Official Traffic
Map shall be maintained and displayed in the office of the Town Administrator.
D.
Additions to map. The Town Board may from time to
time make additions to or deletions from the Official Traffic Map,
and the Town Administrator shall keep such Official Traffic Map current.
