A.Â
Statutes adopted. Except as otherwise specifically provided in this Code, the statutory provisions in Chs. 110, 194, and 340 through 349, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, for which the penalty is a forfeiture only, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment or exclusively state charges, 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 through 349, 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 City of Weyauwega, Wisconsin, violate any provisions of any statute incorporated herein by reference shall be deemed guilty of an offense under this section.
[Amended 7-19-2010 by Ord. No. 2010-02]
B.Â
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 through 349, Wis. Stats., and the penalty for violation thereof shall be limited to a forfeiture as hereinafter provided in this chapter:
941.01
|
Negligent operation of vehicle
| |
941.30
|
Recklessly endangering safety
| |
943.11
|
Entry into locked vehicle
| |
943.23
|
Operating vehicle without owner's consent
|
C.Â
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time to time amended, repealed or modified by the Wisconsin Legislature.
[Amended 7-19-2010 by Ord. No. 2010-02]
D.Â
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.Â
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:
Chapter Trans 150
|
Leasing of vehicles by private carriers
| |
Chapter Trans 304
|
Slow moving vehicle emblem
| |
Chapter Trans 305
|
Standards for vehicle equipment
| |
Chapter Trans 326
|
Motor carrier safety requirements for transportation
of hazardous materials
|
B.Â
Noncompliance prohibited. No person shall operate or allow to be operated on any highway, street or alley within the City 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 § 454-1 of this chapter.
C.Â
Safety checks.
(1)Â
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)Â
Authority of officer. Any law enforcement officer
of the City 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)Â
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.
D.Â
Penalty. Penalty for violation of any provision of this section, including the provisions of the Wisconsin Administrative Code incorporated herein by reference, shall be as provided in § 454-35, together with the costs of prosecution and applicable penalty assessment.
[Amended 7-19-2010 by Ord. No. 2010-02]
A.Â
Duty of Supervisor of Public Works 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 § 454-1, require the erection of traffic control devices for enforcement, the Supervisor of Public Works, with the cooperation of the Police Department, 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 Supervisor of Public Works, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the City of Weyauwega.
B.Â
Code numbers to be affixed to official traffic control devices. The Supervisor of Public Works shall cause to be placed on each official traffic control sign, guide board, mile post, 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.Â
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 City any sign, signal, marker, mark or monument unless permission is first obtained from the Supervisor of Public Works or, where applicable, the State Department of Transportation. 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.
[Amended 7-19-2010 by Ord. No. 2010-02]
D.Â
Removal of unofficial signs, markers, signals and
traffic control devices. The Supervisor of Public Works 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 Supervisor of Public
Works to the City Council 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 are 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 § 454-1 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.
A.Â
Use of lights.
(1)Â
Notwithstanding the provisions of § 346.48(2)(b)2, Wis. Stats., adopted by reference in § 454-1 to the contrary and except as provided in Subsection B below, 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.
(2)Â
The operator of a school bus equipped with flashing
red warning lights shall actuate such lights at least 100 feet before
stopping to load or unload pupils or other authorized passengers and
shall not extinguish such lights until loading or unloading is completed
and persons who must cross the street or highway are safely across.
(3)Â
The operator of a school bus shall use the flashing
red warning lights when loading or unloading passengers from either
side where the curb and sidewalk are laid on one side of the road
only.
(4)Â
The operator of a school bus shall use the flashing
red warning lights when loading or unloading passengers in a residential
or business district when the passengers are to be loaded or unloaded
at a location at which:
(5)Â
The operator of a motor vehicle which approaches from
the front or rear of any school bus which has stopped on a street
or highway when the bus is displaying flashing red warning lights
shall stop the vehicle not less than 20 feet from the bus and shall
remain stopped until the bus resumes motion or the operator extinguishes
the flashing red warning lights. The operator of a school bus which
approaches the front or rear of another school bus that has stopped
and is displaying red warning lights shall stop not less than 20 feet
from the other bus, display its red warning lights and remain stopped
with red warning lights actuated until the other bus resumes motion
or the other operator extinguishes the flashing red warning lights.[1]
[1]
Editor's Note: Former Subsection B, regarding a certain prohibition
on the use of flashing red warning lights, which immediately followed,
was repealed 4-18-2023 by Ord. No. 2023-1.
A.Â
Pursuant to §§ 346.03(3), 346.94(14),
346.95(3) and 347.25(1), (lm)(a) and (b) and (4), Wis. Stats., a marked
police vehicle under § 340.01(3)(a), Wis. Stats., may be
equipped with a blue light and a red light which flash, oscillate
or rotate.
B.Â
If the vehicle is so equipped, the lights shall be
illuminated when the operator of the police vehicle is exercising
the privileges granted under § 346.03, Wis. Stats. The blue
light shall be mounted on the passenger side of the vehicle and the
red light shall be mounted on the driver side of the vehicle. The
lights shall be designed and mounted so as to be plainly visible and
understandable from a distance of 500 feet during normal sunlight
and during hours of darkness. No operator of a police vehicle may
use the warning lights except when responding to an emergency call
or when in pursuit of an actual or suspected violator of the law,
when responding to but not upon returning from a fire alarm or when
necessarily parked on a highway in a position which is likely to be
hazardous to traffic using the highway.
The operator of every vehicle involved in an
accident shall, immediately after such accident, file with the Police
Department a copy of the report required by § 346.70, Wis.
Stats., if any. If the operator is unable to make such report, any
occupant of the vehicle at the time of the accident capable of making
such report shall have the duty to comply with this section. Such
reports shall be subject to the provisions and limitations of §§ 346.70(4)(f)
and 346.73, Wis. Stats., specifically that accident reports filed
in accordance with this section shall be for the confidential use
of the Department and shall not be open to public inspection except
as permitted by § 346.73, Wis. Stats.
A.Â
Official Traffic Map established. There is hereby
established an Official Traffic Map, originally adopted August 1,
1984, for the City of Weyauwega 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 Code of
Ordinances, as from time to time amended or modified by the City of
Weyauwega 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.Â
Additions to map. The City Council may from time to
time make additions to or deletions from the Official Traffic Map
and the Chief of Police shall keep such Official Traffic Map current.
Every addition to said Official Traffic Map made after August 1, 1984,
shall indicate the number of the authorizing ordinance or resolution
and the date the appropriate official traffic control device was erected,
and every deletion shall indicate the number of the authorizing ordinance
or resolution. The Chief of Police shall make appropriate authorized
changes on said map within three working days after the appropriate
official traffic control device is erected or removed, as the case
may be.
C.Â
Limitations 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 Code of Ordinances.