A.
Statutes adopted. Except as otherwise specifically
provided in this Code, the statutory provisions in Chapters 340 to
349 of the Wisconsin Statutes, 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 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 Village of New Glarus, 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 to 349 of the Wisconsin Statutes and the penalty for
violation thereof shall be limited to a forfeiture as hereinafter
provided in this chapter:
[Amended 7-1-2003 by Ord. No. 03-04]
|
346.935
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Intoxicants in motor vehicles
| |
|
941.01
|
Negligent operation of vehicle
| |
|
943.11
|
Entry into locked vehicle
| |
|
943.23
|
Operating motor vehicles without owners consent
|
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time to time amended, repealed or modified by the Wisconsin Legislature.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.
|
TRANS 146
|
Vehicle Registration and Fuel Trip Permits
| |
|
TRANS 300
|
Transportation of School Children
| |
|
TRANS 302
|
Vehicle Marking
| |
|
TRANS 304
|
Slow Moving Vehicle Emblem
| |
|
TRANS 305
|
Standards for Motor Vehicle Equipment
| |
|
TRANS 326
|
Motor Carrier Safety Requirements for Transportation
of Hazardous Materials
| |
|
TRANS 328
|
Motor Carrier Safety Requirements for Intrastate
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 § 288-1 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 § 288-1, require the erection of traffic control devices for enforcement, the Director of Public Works 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 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 of New Glarus.
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, 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 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
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 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 § 288-1 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.
Notwithstanding the provisions of § 346.48(2)(b)2, Wis. Stats., adopted by reference in § 288-1, 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 crosswalk or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded.
B.
Pursuant to § 349.21(2), Wis. Stats., the
use of flashing red warning lights by school bus operators is prohibited
when pupils or other authorized passengers are loaded or unloaded
directly from or onto the school grounds or that portion of the right-of-way
between the roadway and the school grounds in a zone designated by
"school" warning signs as provided in § 118.08(1), Wis.
Stats., in which a street or highway borders the grounds of a school.
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, report the incident
to the Police Department. 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.
[Added 7-2-2002 by Ord. No. 02-06]
A.
Compression brakes are prohibited. It shall be unlawful
for any vehicle equipped with compression brakes (jake brakes) to
downshift and release the clutch to utilize the vehicle's engine to
slow in order to meet proper speed restrictions within the Village,
except in case of extreme emergency.
