A.
Statutes adopted. Except as otherwise specifically provided in this
Code, the statutory provisions in Chapters 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 Chapters 340 through 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 Amery, 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 Chapters
340 through 349, Wis. Stats., and the penalty for violation thereof
shall be limited to a forfeiture as hereinafter provided in this chapter:
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.
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 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 § 405-1 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 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)
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 Chief of Police 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 § 405-1, require the erection of traffic control devices for enforcement, the Chief of Police with the cooperation of the Public Works 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 Chief of Police, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the City of Amery.
B.
Code numbers to be affixed to official traffic control devices. The Chief of Police shall cause to be placed on each official traffic control sign, guideboard, 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 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 Chief of Police 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.
D.
Removal of unofficial signs, markers, signals and traffic control
devices. The Police Department or Public Works Department 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 Police Department
or Public Works Department 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 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 § 405-1 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.
A.
The operator of a vehicle which approaches from the front or rear
of any school bus which has stopped on a street or highway when the
bus is equipped according to § 347.25(2), Wis. Stats., and
when it 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 any school bus which approaches from
the front or rear of any school bus which has stopped and is displaying
flashing red warning lights shall display its flashing red lights
while stopped. This subsection does not apply to operators of vehicles
proceeding in the opposite direction on a divided highway.
B.
The operator of a school bus equipped with flashing red and amber
warning lights as specified in § 347.25(2), Wis. Stats.,
shall do all of the following when stopping to load or unload pupils
or other authorized passengers:
(1)
Actuate the flashing amber warning lights at least 300 feet before
stopping in a speed zone of 45 miles per hour or greater or at least
100 feet before stopping in a speed zone of less than 45 miles per
hour.
(2)
At the point of loading or unloading, bring the bus to a stop, extinguish
the flashing amber warning lights, and actuate the flashing red warning
lights.
(3)
After loading or unloading is completed and persons who must cross
the highway are safely across, extinguish the flashing red warning
lights.
C.
Where the curb and sidewalk are laid on one side of the road only,
the operator shall use the flashing red and flashing red and amber
warning lights when loading or unloading passengers from either side.
A.
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.
B.
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.
Official Traffic Map established. There is hereby established an
Official Traffic Map for the City 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 City Council 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 Police Department.
D.
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.
