A.
Statutes adopted. Excepted 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, including
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 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 Mazomanie, 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 section shall be as provided
in Chs. 340 through 348, Wis. Stats., and the penalty for violation
thereof shall be limited to a forfeiture as hereinafter provided in
this chapter: § 346.935, Intoxicants in motor vehicles,
and § 941.01, Negligent operation of vehicle off highway.
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time to time amended, repealed or modified by the Wisconsin Legislature.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 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:
Chapter Trans 146, Vehicle Registration and
Fuel Trip Permits (penalties of § 341.04, Wis. Stats., apply)
| |
Chapter Trans 300, Transportation of School
Children
| |
Chapter Trans 304, Slow Moving Vehicle Emblem
| |
Chapter Trans 305, Standards for Motor Vehicle
Equipment
| |
Chapter 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 Village 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 § 385-1 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 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 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 Director 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 § 385-1, require the erection of traffic control devices for enforcement, the Director of Public Works, with the authorization of the Village Board and 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 regulations 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 or his designee will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the Village.
B.
Code numbers to be affixed to official traffic control devices. The Director of Public Works 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 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 D.
D.
Removal of unofficial signs, markers, signals and
traffic control devices. The Director of Public Works, or his designee,
or the Chief of Police 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 Director of Public Works, or his designee, or the
Chief of Police 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.
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 § 385-1 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.
The operator of every vehicle involved in an
accident shall, within five days 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 under 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.
Notwithstanding the provisions of § 346.48(2)(b)2, Wis. Stats., adopted by reference in § 385-1 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.
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.
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.
C.
The Village shall give notice of its intent to equip
its police vehicles with flashing, oscillating or rotating blue lights
as a Class 2 notice under Ch. 985, Wis. Stats., at least 90 days before
so equipping the first police vehicle.
A.
Official Traffic Map established. There is hereby
established an Official Traffic Map for the Village 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 Village 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 Police
Department and Municipal Court.
D.
Additions to map. The Village Board 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.