A.
Statutes adopted. Except as otherwise specifically provided
in this Code, the statutory provisions in Chs. 340 to 349, Wis. Stats.,
describing and defining regulations with respect to vehicles and traffic,
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 to 349 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 Onalaska, 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 349, Wis. Stats., and the penalty for violation thereof
shall be limited to a fine as hereinafter provided in this chapter:
C.
Statutes incorporated by reference. Whenever this chapter
incorporates by reference 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amended, repealed or modified by the Wisconsin Legislature.
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 relating to the penalties to be imposed,
and any future amendments, modifications or revisions of said rules
and regulations are hereby adopted by reference and made part of this
chapter as if fully set forth herein:
1.
Wisconsin Adm. Code Trans 300, Transportation of School Children
(penalties of § 341.01, Wis. Stats., apply).
2.
Wisconsin Adm. Code Trans 304, Slow Moving Vehicle Emblem.
3.
Wisconsin Adm. Code Trans 305, Standards for Vehicle Equipment.
4.
Wisconsin Adm. Code Trans 325, Motor Carrier Safety Regulations.
5.
Wisconsin Adm. Code Trans 326, Motor Carrier Safety Requirements
for Transportation of Hazardous Materials.
B.
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 above or the provisions of § 110.075 and Ch. 347, Wis. Stats.
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 they 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 City is hereby empowered whenever they 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, they 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.
E.
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 Division
5, Enforcement and Penalties, of this chapter.
A.
Duty of City Engineer 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 Section 10.01.11 above, require the erection of traffic control devices for enforcement, the City Engineer, 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 City Engineer or their designee, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the City of Onalaska.
B.
Code numbers to be affixed to official traffic control devices. The City Engineer or their designee shall cause to be placed on each official traffic control sign a 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.
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 their 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 City Engineer 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 below.
D.
Removal of unofficial signs, markers, signals and traffic control
devices. The City Engineer or their designee may remove any
sign, signal, marking or other device which is placed, maintained
or displayed in violation of this chapter or state law. If the City
official is refused entry to the property, they may seek a warrant
pursuant to § 66.0119, Wis. Stats. Any charge imposed against
premises for removal of a prohibited or illegal sign, signal, marking
or device shall be reported by the City Engineer or their designee
to the Common 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 against the premises as other special
municipal taxes.
A.
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 Section 10.01.11, and shall be subject to the applicable 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 under § 346.485(5)(b), Wis. Stats., as may be amended.
A.
School bus warning lights. Notwithstanding the provisions of § 346.48(2)(b)2, Wis. Stats., adopted by reference in Section 10.01.11 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 crosswalk or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded.
B.
Blue warning lights on police vehicles.
1.
Pursuant to §§ 346.03(3), 346.94(14), 346.95(3) and
347.25(1), (1m)(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.
2.
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.
A.
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
with this section shall be for the confidential use of the Department
and shall not be open to public inspection except as permitted by
§ 346.70(4)(f), Wis. Stats.
A.
It shall be unlawful for any person to drive any motor vehicle upon
or across any street, highway, sidewalk, driveway, filling station,
business property or other commercial driveway or other similar surface
so as to cause such vehicle to cut the corners of such intersection
by passing over the parking lot or driveway used in the operation
of such filling station, business property or residence, thereby avoiding
traveling through such intersection over the usual lanes of traffic.
No person shall use a private or public parking lot, filling station
or other private property for purpose of gaining access from one street
to another or for purposes using it as an area in which to turn around
upon entering from one street and returning to the same street.
