HomeMy WebLinkAboutOrdinance 1980 (40) ORDINANCE # p�
WHEREAS,; the St, Croix County Board adopted Ordinance No. 2'.03
in 1972 with an amendment in 1974, which adopted certain Wisconsin Traffic
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Statutes so'that County Law Enforcement Officers may issue traffic tickets
that conform with said statutes ' and r.
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WHEREAS; the Wisconsin State, Legislature`period cally,amends.' sald
traffic statutes, and
WHEREAS,: it is necessary fox the County Board to readopt the "amenft,d
Wisconsin Traffic Statutes in order for the County Trafic;brdinance to
acCurately reflect the current changes .in the.Wisconsin traffic laws
NOW THEREFORE, BE IT;ORDAI)ED by the St., Cro!X, County Board' of
Supervisors, meeting in regular session, that the following OrdinAnce
is hereby adopted, in 'order to conform the traffic law s.of'St. Croix1:,,
County with.those of the Wnsconsn Statutes by authority of j 34,906 of-
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the Wisconsin Etaiuit s,
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CrCounty:of he State of`WisCons�tt dae
COU � �
W'I'Y BOA]tD of St. xa. x n y '�
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thereby'; ordain as follows
SECTION 1: PR04T1SIUh)S'OF `STATE `LAW ADOPTED 8Y B$EERENCE.
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(],) STATE TRAF'F'IC FORFEITURE LAWS ADOPTED, Except as otherwise apecif�pa ly ;
provided "in :t is ordinance, all provisions of. Chapters 540' to 350 of t
WisPOns,iih Statutes describing and defining reguiat'jons with fiespet
v hi ss ;tra fic for which the penalty is; a"forfea.tuve only, :i�clud� g
pena.lt;ies to be imposed and prquedure forrproseeution, are hereby, a, opPe
and by xefernce made apart of this or,.dinance as i£.ful,ly set, filth heen
Any act roc�u3xed to: be performed or prolaI"bit6d by arty statute incorpgra ed `
herein by reference': is required qx prohibited "byh3's ordinance:;
Sections of ChI apters 34110 "350`adopted "by reference 'shall' includes biht toff
be -limited to the following:
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340.01 Words and phrases defined.
341.14 Display of registration pates.
343.01 :Words and phrases defined: �.
343.305'Revocatiohi of license on refusal to submit to tests.
343.43 Permitting •unauthoriz,ed person to drive. '
3,43,46 ';Duty of person Tent.ing veh: cles ;to another.
'345.01 :Words and phrases.defined:
345.11 'Uniform traffic citation and complaint:
345.20 "Generol provisions in traffic forfeiture action.
345.21 :'Authority to"arres't with a warrant.
345.22.Authority to arrest Without a warrant.;
54$.23 Officer's action after arrest without a warrant.
:x45.24 Officers action after arrest for driving under inf]uence
of intoxicant.
345.25 Traffic citation.
345.255 Deposit after release.
345:26 Deposit:. P,
345527 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.
345.35 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` litem_
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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,
34s,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, expresswaysand
freeways,
346.17 Penalty for violating sections 346.04 to 346.16.
346.18 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
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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.
346.27 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.
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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.
346.38 Pedestrian control signals.
346.39 Flashing signals.
346.40 Whistlesignals.
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 346.42.
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.
346.47 When vehicles using alley or nonhighway•access-
to stop:
346.48 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 �I
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 How to park and stop on, streets. '
346.55 Other "restrictions:on parking and: stopping.
346.56 Penalty for violating sections 346.51 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,
346.65 Penalty for violating sections 346.62 to 346.64.
346.66 Applicability of sections relating to accidents
and accident reporting.
346.67 Duty upon striking person or attended or occupied
vehicle.
$46.68 Duty upon striking unattended vehicle.
346.69 Duty upon striking property on or adjacent
to highway.
346.70; Duty to report accident.
34.6.71 Coroners or medical examiners to .report; require
bloo
346.72 Garadespto�kee
g ep 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.$1 Lamps and other equipment on bicycles.
346.82 Penalty for violating sections 34.6.77 to 346.81.
346.87 Limitations on backing.
346.88 Obstruction of,operator's view or"driving
mechanism.
346.`89 Inattentive driving.
346.90 Following emergency vehicle.
346:91 Crossing fire hose.
346.92 Illegal riding.
346.93 Intoxicants in vehicle carrying minor.
346.935 Drinking in motor vehicles on highway.
346.94 Miscellaneous prohibited acts.
34'6.95 Penalty for violating sections 346.87 to 346.94.
347.01 Words and phrases defined.
347.02 Applicabilityof 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;lamps required.
347.07 Special restrictions on lamps and the use thereof.
347.08 Determining the visibility 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 Tail 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 Tamps and reflectors.
347.20 Lamp or'flag on projecting load.
347.21 Lamps and flags on trains of agricultural
vehicles and towed trucks,
347.22 Lamps on farm ,tractors and self-propelled farm,
implements.
347.23 Lamps on highway maintenance equipment.
347.24 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.
547:26 Restrictions on certain optional- lighting
equipment.
347.27 When lighted lamps required on parked vehicles.
347.28 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 Tire equipment.
347..46 Fenders and mudguards:
347.47 Drawbars, trailer hitches and mobile home
couplings.
347.48 Safety belts.
347.485 Protective headgear for motorcyclists.
347486 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 onside of vehicles.
348.10 Special limitations on load.
348.11 Penalty, for violating size and load limitations.
WEIGHT
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 publicly-owned
vehicles; exceptions.
348.185 -Empty weight to be indicated on nide 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 REGULATORY POWERS
349`.66 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 remove prohibited rohibited signs or signals.
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349.10" Authority to designate one-way highways, safety zones,
turns and lanes.
349.105 Authority to prohibit certain traffic on expressways
and freeways;'
349.11 "Authority to' modify speed 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'.
349.17 'Authority of cities and villages to regulate heavy traffic.
349.18 Additional traffic-control authority of cities and
villages.
349.185 Authority to regulate processions, assemblages and
pedestrians.
349.19 "Authority to require accident reports. `
- 349.20 "Authority to;prohibit use of bridges for fishing
or swimming.
349.21 Authority to'regulate school bus warning lights.
349,22 Authority to establish mass transit way. G
349.23< Authority to designate bicycle lanes and bicycle
ways,
LICENSING POWERS
349.24 Authority to'license taxicab operators and taxi-
cabs. :
349.25 Authority to license hayrack and sleigh rides`.
350,01, Definitions. `
350.02 ;Operation of snowmobiles on or in the vicinity of
highways.
350.03 Right-of-way.:
350.04 Snowmobile races, derbies and routes.
350.045 Public utility exemption.,
350.047 Local ordinance to be filed. P
350.05 ,Operation by youthful operators restricted.
350.055, Safety certification program established.
350.06 Firearms and bows.-
350.07 Driving animals .
350.08 Owner permitting operation.
350.09 Head lamps, .tail lamps and brakes, etc.
350.10 > Miscellaneous provisions for snowmobile
operation
350.11 Penalties.
350.13 'Uniform trail signs and standards.
350.15 . Accidents and accident reports:'
350.17 ' Enforcement.
350.18 Local Ordinances.
350.99 Parties to a violation.
(2) OTHER LAWS ADOPTED. There are also hereby adopted by reference the
following sections' of the Wisconsin Statutes but the prosecution`of such _ .
offenses under this ordinances be as provided_in Chapters 340 to.348 of
the Wisconsin Statutes and the penalty for violation thereof shall be limited
to a foure as-provided in Section 10 of this ordinance.
941.01 Negligent operation of vehicle off highway.
86.192Penalty for injuring guide board, markers, etc.
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SECTION 2. PENALTY.'
(1) The penalty for violation of any provision of this ordinanceshall '
be a forfeiture as hereinafter provided together with the Cost of,prosecution,
plus penalty as imposed as provided in 345.20 to 345.53, Wisconsin
Statutes.
(2) UNIFORM OFFENSES. Forfeitures for violation of any provision of Chapters.
341 to 348 adopted by reference in section l of this ordinance shall conform
to forfeitures for violation of the comparable stateoffense, including any
variations or increases for second offenses.
SECTION 3. ENFORCEMENT. This ordinance shall be enforced'ln'accordance:"with' i
the provisions of §' 345.20 to 345.53, Ch. 299 and 66,12 of the Wisconsin
Statutes.
(1) STIPULATION OF GUILT OR NO CONTEST. Stipulations of guilt or no contest
may be made by persons arrested for violations of this ordinance in accordance
with 's. 66.12.(1)(b), Wisconsin Statutes, whenever the provisions of s. 345,27 `are
inapplicable to such violations.' Stipulations shall conform to the form, con-
tained on the uniform traffic citation and complaint under s. 345,11, W?scons n
Statutes, and may be accepted within 5 days of the date of"the allegedviolation.
Stipulations may be accepted by the (clerk of county court) (city) (village)
police'department.
(2) DEPOSITS'. Any ;person stipulating guilty or no contest under subsection (1')
of this section must make :the deposit required under s. 345.26, Wiscansin
Statutes.
R T .POI TS AND RECEIPT. Ever officer ache tin a
(3) NOTICE OF DEME I N y a p gforfeited,
penalty or money deposit,under this ordinance shall receipt therefor in trip
licate as provided in s. 345.26-(3)(b), Wisconsin Statutes. Every officer ac-
cepting a stipulation under the provisions of this ordinance shall comply with:
the provisions of § 343.27, 343.28, 345.26, (1)(a) and 545.27(2), Wisconsin,,,.
Statutes, and shall require the 'alleged' violator to 'sign a' statement of notices
in substantially the form contained on the uniform traffic' citation and scomplaint
promulgated under s. 345.11, Wisconsin Statutes.
(4) FORFEITURES IN;TREASURY, OFFICER TO POST BOND. Qualify, Any officer
accepted deposits or forfeited penalties under this ordinance shall deliver ,
them to the County Treasurer within 20 days after receipt. Any officer:
authorized to accept deposits under s. 34S.26 Wisconsin Statutesor this
ordinance shall qualify by taking the oath prescribed by s' 19.01 Wisconsin
Statutes, and filing ,an official bond in the sum of $500.00 as described
by s. 19.01.
SECT10N 4. REFERENCES TO STATUTES. References to specific statutory
sections wherever used in this ordinance shall mean the Wisconsin Statutes
of 1977.
SECTION S. INCORPORATION OF CERTAIN COUNTY ORDINANCES. The following
County Ordinances are hereby adopted and are incorporated,into this Ordinance '
by reference as if set forth fully herein:
(1) 23(79) (1) Unnecessary noise with a motor vehicle.
(2) 23(79) (2) Deface roadway or shoulder with a motor vehicle.
(3) 27(79) (1) Consumption of an intoxicant while parked on a highway
or public parking lot.
(4) 27(79) (2) Possession of an open container of an intoxicant moving or
parked.
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SECT10N 6. REPEAL OF CONFLICTING ORDINANCES. All previous ordinances
regulating traffic upon the streets, alleys,„and highways of the 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.
HIGHWAY CONM4ITTEE
STATE OF WISCONSIN: )
ss
COUNTY OF ST. CROIX }
I, F. Verna Stohlberg, County Clerk in and for said County, do
hereby certify that the above is a true and correct copy of an Ordinance
adopted by the St. Croix County Board of Supervisors at their-meeting
held on the I*day of1480. Published in the New Richmond
News and all other County Newspapers on Sept.: 18th, 1980, pursua
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to law.
VERNA STOHLBP.RG
County Clerk
St. Croix County, Wisconsin
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