HomeMy WebLinkAboutOrdinance 1982 (54) ORDINANCE ADOPTING SPATE NON-CRIMINAL TRAFFIC CODE.
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WHEREAS, the St. Croix County Board adopted Ordinance No. 2.03 in 1972
with an amendment in 1974, and Ordinance 40 (80) in 1980, which adopted certain
Wisconsin Traffic Statutes so that County Law Enforcement Officers may issue traf-
fic tickets that conform with said statutes, and
WHEREAS, the Wisconsin State Legislature periodically amends said traffic
statutes, and
WHEREAS, it is necessary for the County Board to readopt the amended Wiscon-
sin Traffic Statutes in order for the County Traffic Ordinance to accurately re-
flect the current changes in the Wisconsin Traffic Laws.
NOW THEREFORE, BE IT ORDAINED by the St. Croix County Board of Supervisors,
meeting in regular session, that the following Ordinance is hereby adopted, in
order to conform the traffic laws of St. Croix County with those of the Wisconsin
Statutes, by authority of § 349.06 of the Wisconsin Statutes.
THE COUNTY BOARD of St. Croix County of the State of Wisconsin does hereby
ordain as follows:
SECTION 1. PROVISIONS OF STATE LAW ADOPTED BY REFERENCE.
(1) STATE TRAFFIC FORFEITURE LAWS ADOPTED. Except as otherwise specifically pro-
vided in this ordinance, all provisions of. Chapters 340 to 350 of the Wisconsin
Statutes describing and defining regulations with respect to vehicles and traffic
for which the penalty is a forfeiture only, including penalties to be imposed and
procedure for prosecution are hereby adopted and by reference made a part of this
ordinance as if fully set forth herein. Any act required to be performed or pro-
hibited by any statute incorporated herein by reference is required or prohibited
by this ordinance. Any future amendments, revisions or modifications of the
statutes incorporated herein are intended to be made part of this ordinance in
order to secure uniform statewide regulation of traffic on the highways, streets,
and alleys of the State of Wisconsin..
Sections of Chapters 340 to 350 adopted by reference shall include but not be
limited to the .following:
340.01 Words and phrases defined.
341.15 Display of registration plates.
343.01 Words and phrases defined.
343.303 Preliminary breath screening test.
343.305 Refusal to submit to chemical tests.
343.45 Permitting unauthorized person to drive.
343.46 Duty of persons renting vehicles to another.
345.01 Words and phrases defined.
345.11 Uniform traffic citation and complaint.
345.20 General provisions in traffic forfeiture actions.
345.21 Authority to arrest with a warrant.
345.22 Authority to arrest without a warrant.
345.23 Officer's action after arrest without a warrant.
345.24 Officer's action after arrest for driving under influence of
intoxicant..
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345.25 'traffic citation.
345.255 Deposit after release.
345.26 Deposit.
345.27 Stipulation of no contest.
345.28 Nonmoving violations.
345.30 Jurisdiction.
345.31 Venue .in traffic regulation actions.
345.315 Change of judge.
345.32 Initial appearance before judge.
345.34 Arraignment; pleas. -
3.45.35 Not guilty plea; immediate trial.
345.36 Not guilty plea; continuance.
345.37 Procedure on default of appearance.
345.375 Judgment against a corporation.
345.38 Effect of plea of no contest_
345.40 Pleading.
345.41 Motion to dismiss.
345.42 No preliminary examination.
345.421 Discovery.
345.422 No guardian ad l.item.
345.425 Mode of trial.
345.43 .Jury trial.
345.45 Burden of proof.
345.46 Verdict.
345.47 Judgment of forfeiture and penalty assessment.
345.48 Reporting pending appeal.
345.49 Procedure on imprisonment; nonpayment of
forfeiture or penalty assessment.
345.50 Appeal.
345.51 Reopening of default judgment.
345.52 No double prosecution.
345.53 Costs not taxed against plaintiff.
345.55 'traffic Officers not to profit from arrests.
346.01 Words and phrases defined.
346.02 Applicability of. chapter.
.346.03 Applicability of rules of the road to authorized
emergency vehicles.
346.04 Obedience to traffic officers, signs and signals;
fleeing from officer.
346.05 Vehicles to be driven on right side of roadway;
exceptions.
346.06 Meeting of vehicles.
346.07 Overtaking and passing on the left.
346.075 Overtaking and passing bicycles.
346.08 When overtaking and passing on the right. permitted.
346.09 Limitations on overtaking on left or driving on left
side of roadway.
346.10 When passing at a railroad crossing or intersection
prohibited.
346.11 Passing or meeting frightened animal.
346.12 Driving through safety zones prohibited.
346.13 Driving on roadways laned for traffic.
346.14 Distance between vehicles.
346.15 Driving on divided highway.
346.16 Use of controlled-access highways, expressways and
freeways.
346.17 Penalty for violating sections 346.04 to 346.16.
346.15 _General rules of right of way.
346.19 What to do on approach of emergency vehicle.
346.20 Right of way of funeral processions and military
convoys.
346.21 Right of way of livestock.
346.22 Penalty for violating sections 346.18 to 346.21.
346.23 Crossing controlled intersection or crosswalk.
346.24 Crossing at uncontrolled intersection or crosswalk.
346.25 Crossing at place other than crosswalk.
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346.26 Blind pedestrian on highway.
:46.27 Persons working; on highway.
346.28 Pedestrian to walk on left side of highway;
pedestrian on sidewalks.
346.29 When standing or loitering in roadway or highway
prohibited.
346.30 Penalty For violating sections 346.23 to 346.29.
346.31 Required position and method of turning at
intersections.
346.32 Required position for turning into private road
or driveway.
346,33 Where turns prohibited, exception.
346.34 Turning movements and required signals on turning
and stopping.
.346.35 Method of giving signals on turning and stopping.
346.36 Penalty for violating sections 346.31 to 346.35.
346.37 Traffic-control signal legend.
34h.38 Pedestrian control signals.
346.39 Flashing; signals.
346.40 Whistle signals.
346.41 Display of unathorized signs and signals
prohibited.
346.42 Interference with signs and signals prohibited.
346.43 Penalty for violating sections 346.37 to 34(1.42.
346.44 All vehicles to stop at signal indicating approach
of train.
346.45 Certain vehicles to stop at railroad crossings.
346.46 Vehicles to Stop at Stop signs and school crossings.
346.47 When vehicles using alley or nonhighway-accuss
to stop.
146.48 Vehicles to stop for school busses loading or
unloading children.
346.49 Penalty for violating sections 346.44 to 346.48.
346.50 Exceptions to stopping and parking restrictions.
346.505 Stopping, standing or parking prohibited in
places reserved for handicapped.
346.51 Stopping, standing or parking outside of business
or residence districts.
346.52 Stopping prohibited in certain specified places.
346.53 Parking prohibited in certain specified places.
346.54 }low to park and stop on streets.
346.55 Other restrictions on parking and stopping.
346.56 Penalty for violating sections 346.505 to 346.55.
346.57 Speed restrictions.
346.58 Special speed restrictions for certain vehicles.
346.59 Minimum speed regulation.
346.595 Motor-driven cycles.
346.60 penalty for violating sections 346.57 to 346.595.
346.61 Applicability of sections relating to reckless
and drunken driving.
346.62 Reckless driving.
346.63 Operating under influence of intoxicant.
346.635 Report arrest to department..
346.65 Penalty for violating sections 346.62 to 346.61.
346.655 Driver improvement surcharge.
346.66 Applicability of sections relating to accidents
and accident reporting.
346.67 Duty upon striking person or attended or occupied
vehicle.
346.68 Duty upon striking unattended vehicle.
346.69 Duty upon striking; property on or adjacent
to highway.
346.70 Duty to report accident.
346.71 Coroners or medical examiners to report; require
blood specimen.
346.72 Garages to keep record of repairs of accident
damage.
346.73 Accident reports not to be used in trial.
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346.74 Penalty for violating sections 346.67 to 346.73.
346.77 Responsibility of parent or guardian for violating
of bicycle and play vehicle regulations.
346.78 Play vehicles not to be used on roadway.
346.79 Special rules applicable to bicycles.
346.80 Riding bicycle on roadway.
346.802 Riding bicycle on bicycle lane. _
346.803 Riding bicycle on bicycle way.
346.804 Riding bicycle on sidewalk.
346.81 Lamps and other equipment on bicycles.
346,82 Penalty for violating sections 346.77 to 346.81.
346.57 Limitations on hacking.
346.88 Obstruction of operator's view or driving
mechanism.
346.89 Inattentive driving.
346.90 Following emergency vehicle.
346.91 Crossing fire Inose.
346.92 Illegal riding.
346.93 Intoxicants in vehicle carrying minor.
346.955 Drinking in motor vehicles on highway.
346.94 Misccllancuus prohibited acts.
3.16.95 Penalty for violating sections 346.87 to 340.94.
347.01 Words and phrases defined.
347.02 Applicability or chapter.
347.03 Sale of prohibited equipment unlawful . .
347.04 Owner responsible For improperly equipped vehicle.
347.05 Reciprocity agreements as to equipment.
347.06 When lighted lumps required.
347.07 Special restrictions on lamps and the use. thereof.
347.05 Determining the visihility distance and mounted
height of lamps.
347.09 Headlamps on motor vehicles.
347. 10 Headlamp specifications for motor vehicles other
than power-driven cycles and motor bicycles.
347.11 Headlamp specifications for power-driven cycles
and motor bicycles.
347.12 Use of multiple-beam headlamps.
347.13 Tall lamps and registration plate lamps.
347. 14 Stop lamps.
347.15 Direction signal lamps or devices.
347.16 Clearance lamps and reflectors.
347. 17 Color of clearance and marker lamps and reflectors.
347. 18 Mounting of clearance lamps and reflectors.
347. 19 Visibility of clearance lamps and reflectors.
347.20 Lamp or flog on projecting load.
3.17.21 Lamps and Flogs on trains or agricultural
vehicles.
347.22 Lamps on farm tractors and self-propelled farm
implements.
347.23 Lamps on highway maintenance equipment.
3.47.24 Lamps on nonmotor vehicles and equipment.
347.245 identification emblem on certain slow moving
vehicles.
347.25 special warning lamps on emergency vehicles,
school busses and funeral vehicles.
147.255 Auxiliary lamps on emergency vehicles used to activate
traffic control signal preemption devices.
347.26 Restrictions on certain optional lighting
equipment.
347.27 when lighted lamps required on parked vehicles.
347.25 Certain vehicles to carry Flares or other,
warning devices.
347.29 Display of warning devices for certain vehicles
when standing on highway.
347,30 Penalty for violating lighting equipment
requirements.
347.35 Brakes.
347.36 Performance ability of brakes.
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347.37 Brake fluid, sale regulation.
347.38 horns and warning devices.
347.39 Mufflers.
347.40 Mirrors.
347.41 Speed indicators.
347.415 Odometer tampering.
347.42 Windshield wipers.
347.43 Safety glass.
347.44 Painting requirements for school busses;
restrictions as to painting of other vehicles.
347.45 'fire equipment. -
347.46 lenders and mudguards.
347.47 nrawbars, trailer hitches and mobile home
couplings.
347.48 Safety belts.
347.485 Protective headgear for motorcyclists.
347.486 General requirements.
347.487 Seating requirements.
347.488 Moped equipment.
347.49 Equipment of vehicles transporting flammable
liquids.
347.50 Penalties.
348.01 Words and phrases defined.
348.02 Applicability of chapter.
348.05 Width of vehicles.
348.06 Height of vehicles.
348.07 length of vehicles.
:348.08 Vehicle trains.
348.09 Projecting loads on side of vehicles.
348.10 Special limitations on load.
348.11 Penalty for violating size and load limitations.
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348.15 Weight limitations on class "A" highways.
348. 16 Weight limitations on class "B" highways.
348.17 Special or seasonal weight limitations.
348.175 Seasonal operation of vehicles hauling peeled
or unpeeled forest products cut crosswise.
348.18 Weight limitations apply to puhlicly-owned
vehicles; exceptions.
348.185 Empty weight to he indicated on of certain
vehicles; rules.
348. 19 Traffic officers may weigh vehicles and require
removal of excess load.
348.20 Policy in prosecuting weight- violations.
348.21 Penalty for violating weight. limitations.
348.25' General provisions relating to permits for
vehicles and loads of excessive size and
weight.
348.26 Single trip permits.
348.27 Annual or multiple trip permits.
348.28 Permits to be carried.
GENERAL PROVISIONS
349.01 Words and phrases defined.
349.02 Police and traffic officers to enforce law.
349.03 Regulation by local authorities forbidden;
exceptions.
EXPRESS REGULA'T'ORY POWERS
349.06 Authority to adopt traffic regulations in strict
conformity with state law.
349.065 Uniform traffic control devices.
349.07 Authority to designate through highways.
349.08 Cost of signs and traffic control signals.
349.085 Authority to install stop signs at railroad
grade crossings.
349.09 Authority to remove prohibited signs or signals.
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34 9. 10 Authority to designate unc-way highways, safety zones,
turns and lanes.
349. 105 Authority to prohibit certain traffic on expressways
and freeways.
349. 11 Authority to modify sliced restrictions.
349.12 Authority to designate no-Passing zones.
349.13 Authority to regulate the stopping, standing or
parking of vehicles. --
349. 14 Authority to use parking meters.
349.15 Authority to modify weight limitations and classify
highways.
349. 16 Authority to impose special or seasonal weight limitations.
549. 17 Authority of citicy: ;nand villages to regulate heavy traffic.
349. 15 Additional Lrarric -control authority of cities and
villages.
349. 185 Authority to regulate processions, assemblages and
Pcdc sl riaurs.
349.19 Authority to require accident reports.
349.20 Authority to prohibit uqe of bridges for Fishing
or swimming.
349.21 Authority to regulate school bus warning lights.
:549,215 Authority to appoint school crossing guards.
349.22 Authority to establish mass transit way.
549.21 Authurity to designate bicycle lanes and bicycle
ways,
LICLNSING POWERS
;49.24 Authority to license taxicab operators and taxi-
cabs.
349,25 Authority to liccnnc hayrack and sleigh ridgyh,
011.111 nefinmons.
0? OPrrntiun of snowmohiles on or in the vicinity of
highwayn.
350.03 Right-of-way.
550.04 Snowmobile r•accs, dorhics and routes.
35n.045 Public utility exemption.
350.047 Local ordinance to he filed.
350,05 Operation by youthlul operators restricted.
350.055 Safety certification program established.
350.Ub rirearrms and bows.
350.07 Driving animals.
350.08 Owner permitting operation.
350,09 (lead lamps, tail lumps and brakes, etc.
350.10 Miscellaneous Provisions for snowmobile
operation
350. 11 Pcna I t ics.
011. 11 llni I;orm t ra i I sign~ and standards.
150. 15 Ac'c idc•nf , and accident reports.
KKR F"rurccment.
350. 18 Local Ordinances.
350.99 Parties to a violation.
(2) OI IER LAWS AUOPTCII. There are also hereby adopted by reference the
following sections of the Wisconsin Statutes but the prosecution of such
offenses under this ordinance shall be as provided in Chapters 340 to 348 of
the Wisconsin Statutes and the penalty for violation thereof shall he limited
to a forfuiturc as provided in Section 10 of this ordinance.
941 .01 Negligent operation of vehicle off highway.
86. 192 Penally For injuring guide board, markers, etc.
SECTION 2. 111:NALTY.
(1) 1•he penalty for violation of any provision of this ordinance shall
Ile a forfeiture as hereinafter provided together with t}te cost of prosecution,
plus penalty assessment, imposed as provided in k 345.20 to 345.53, Wisconsin
Statutes.
(2) UNIFOIM OFF1:NSi:S. Forfeitures for violation of any provision of Chapters
41 to 34 adopted Try reference in section I of this ordinance shall conform
to forfeitures for violation of the comparable state offense, including any
variations or increases for second offenses.
SECTION 3. l'.NF01tCk1,IIINT. '['his ordinance shall he enforced in accordance with
the provisions of 345.20 to 345.53, Ch. 299 and � 66.12 of the Wisconsin
Statutes.
(1) STIPULATION 01; (MILT OR NO CON'TIiST. Stipulations of guilt or no contest
m,ty he made by persons arrested for violations of this ordinance in accordance
with s. 66.12(1)(1)) , Wisconsin St;ttutes, whenever the provisions of s. 345.27 are
inapplicable to such violations. Stipulations shall conform to the form con-
taincd on the uniform traffic citation and complaint under s. 345.11, Wisconsin
St atut.cs, and maty ht: ;tcrcpteJ within Jays ol• the date ole the alleged violation.
Stipulalions m;iy he accepted by the (clerk of county court) (city) (village)
police dcpartm(-'I)t.
(2) I)IiPOSI'TS. Any person stipulating guilty or no contest under suhsection (1)
of this section must make the deposit required under s. 345.26, Wisconsin
Statutes.
(3) NOTICE, OF UIiD11iRl'I- POINTS ANI) Itli(TAPT. livery ciff'icer ;accepting a forfeited
penalty ur money deposit under tl)iti ordinance shall receipt therefor in trip-
licate as provided in s. 34G.26(3) (h) , IVisconsin Statutes. livery officer ac-
cepting a stipulati.on under the provisions of this ordinance shall comply with
the provisions of g 343.27, 3.33.28, 345.26, (1)(a) and 345.27(2)' Wisconsin
Statutes, and shall require the alleged violator to -sign a statement of notice
in substantially the form contained on the uniform traffic citation and complaint
promulgated under s. .345. 11, Wisconsin Statutes.
(4) FORFlil'1'UItI:S 114 TRFASURl=OF1 ICER '1'0 POST BOND. Qualify. Any officer
accepted deposits or forfeited penalties under this ordinance shall deliver
them to the (:aunty 'Treasurer within 20 days after receipt. Any officer
authorized to accept deposits under s. 345.26 Wisconsin Statutes,or this
ordinance shall qualify by taking the oath prescribed by s. 19.01 Wisconsin
statutes, anct filing an 0ffici;t1 bond in the sum of ;N5(10.00 as described
by S. 19.01.
SECTION 4. REFERENCES TO STATUTES. References to specific statutory
sections wherever used in this ordinance shall mean the most current
Wisconsin Statutes, and any future amendments, revisions or modifications
thereof which are expressly incorporated herein pursuant to Section 1 (1)
of this ordinance.
SEC'T'ION 5. INCORPORATION OF CERTAIN COUNTY ORDINANCES. The following
(;ounty OOrdinances are herchy adopted an are incorporated into this Ordinance
by reference as if set forth fully herein:
(1) 23(79) (1) Unnecessary noise with a motor vehicle.
(2) L3(79) (2) Reface roadway or• shoulder with a motor vehicle.
(:'>) 27(79) (I ) Consumption of an intoxicant. while parked on a highway
or u
I thI
lic parking lot.
(4) 27(79) (2) Possession of ai) open container of an intoxicant moving or
parked.
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SECTION 6. REPEAL OF CONFLICTING ORDINANCES. All previous ordinances
regulating traffic upon the streets, alleys, and highways of St. Croix
County, Wisconsin, and all ordinances or parts of ordinances heretofore
enacted by the County Board of St. Croix County, Wisconsin are hereby
repealed, and are recreated as this Ordinance.
Adopted this --!Addy of
)jCj _..- ---- 1982.
HIGHWAY (:M4IT'1'1?1?
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