Village of Winneconne, WI Article I General Provisions

§ 510-1 State traffic laws adopted.

A. 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 Village of Winneconne, Wisconsin, violate any provisions of any statute incorporated herein by reference shall be deemed guilty of an offense under this section.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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 through 349, Wis. Stats., and the penalty for violation thereof shall be limited to a forfeiture as hereinafter provided in this chapter:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

941.30, Recklessly Endangering Safety

346.935, Drinking in Motor Vehicles[1]

[1] Editor's Note: Original Sec. 10-1-1(c) of the 2012 compilation of ordinances, Statutes Specifically Incorporated by Reference, which cited the 2003-2004 statutes and which immediately followed this entry, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. 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 authorities.

§ 510-2 State Administrative Code provisions adopted.

A. The Wisconsin Administrative Code, exclusive of any provisions therein relating to the penalties to be imposed, are hereby referenced and made part of this chapter as if fully set forth herein.

TRANS 103, Habitual Traffic Offenders

TRANS 114, Uniform Traffic Citation

TRANS 119, Commercial Motor Vehicle Operator Alcohol Use Restrictions

TRANS 200, Erection of Signs on Public Highways and Handicapped Parking Signs

TRANS 304, Slow Moving Vehicle Emblem

TRANS 305, Standards for Vehicle Equipment

TRANS 310, Child Restraint Standards and Exemptions

TRANS 315, Safety Belt Usage; Physical or Medical Exemption

TRANS 325, Motor Carrier Safety Regulations

TRANS 326, Motor Carrier Safety Requirements for Transportation of Hazardous Materials

TRANS 327, Motor Carrier Safety

B. Noncompliance prohibited. No person shall operate or allow to be operated on any highway, street or alley within the Village a vehicle that is not in conformity with the requirements of Subsection A or the provisions of § 110.075 and Chapter 347, Wis. Stats., incorporated by reference in § 510-1 of this chapter.

C. 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 Village 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 Wisconsin 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. 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 § 510-27, together with the costs of prosecution and applicable penalty assessment.[1]

[1] Editor's Note: Original Sec. 10-1-2(c)(2) of the 2012 compilation of ordinances, providing that the Wisconsin Administrative Code sections adopted by reference shall be construed to have a "10-1" prefix, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 510-3 Official traffic signs and control devices; prohibited signs, signals and markers.

A. Duty of Public Works Department to erect and install uniform traffic control devices. Whenever traffic regulations created by this chapter, including a State of Wisconsin traffic regulations adopted by reference in § 510-1, require the erection of traffic control devices for enforcement, the Public Works Department shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Devices 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 Director of Public Works, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the Village of Winneconne.

B. 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 Village any sign, signal, marker, mark or monument unless permission is first obtained from the Director of Public Works 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 C.

C. Removal of unofficial signs, markers, signals and traffic control devices. The Director 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 to the Village 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.

D. Unauthorized removal or possession. It shall be a violation of this section, subject to the penalty provisions of § 1-3 of the Code, for any unauthorized person or party to remove or possess any official traffic sign or control device.

§ 510-4 Registration record of vehicle as evidence.

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 § 510-1 and shall be subject to the applicable forfeiture penalty, provided the defenses defined and described in § 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation.

§ 510-5 Required signage.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Roadway speed limits, one-way streets or thoroughfares, no-parking designations within streets and public parks, grounds, parking lots and intersections declared as stop sign and/or yield sign intersections within the Village of Winneconne are dedicated and presented by the Winneconne Annual Traffic Control Signage Inventory, which:

A. May be modified from time to time and agreed to upon acceptable resolution of the Village Board;

B. Shall be maintained by the Public Works Director in conjunction with the Police Chief and Village Administrator to identify all control signage utilized within the Village;

C. Shall contain, at a minimum, the type of sign, sign location, traffic direction for signage control, age of sign, method of installation.

§ 510-6 Speed limits.

The provisions of §§ 346.57, 346.58 and 346.59, Wis. Stats., relating to the maximum and minimum speed of vehicles are hereby adopted as part of this section as if fully set forth herein, except as otherwise set forth upon the following streets or portions of streets:

A. The speed limit on all other portions of State Highway 116 within the corporate limits of the Village of Winneconne shall be 55 miles per hour at all other times as set forth in § 346.57, Wis. Stats, except as follows;

(1) Thirty-five miles per hour for all vehicles from its intersection with Ninth Street in the Village of Winneconne, easterly to its intersection with Seventh Street in said Village.

(2) Twenty-five miles per hour for all vehicles from its intersection with Seventh Street in the Village of Winneconne, easterly to its intersection with Ninth Avenue in said Village.

(3) Thirty-five miles per hour for all vehicles from its intersection with Ninth Avenue in the Village of Winneconne, easterly for a distance of 0.31 of a mile.