Chapter 10.05
GENERAL PROVISIONS Revised 10/24

Sections:

10.05.010    State traffic laws adopted.

10.05.020    State administrative code provisions adopted.

10.05.030    Official traffic signs and control devices, prohibited signs, signals and markers. Revised 10/24

10.05.040    Registration record of vehicle as evidence.

10.05.050    Accident reports. Revised 10/24

10.05.060    School bus warning lights.

10.05.070    Blue warning lights on police vehicles.

10.05.080    Official traffic map. Revised 10/24

10.05.010 State traffic laws adopted.

(a) Statutes Adopted. Excepted as otherwise specifically provided in this code, the statutory provisions in Chapters 340 through 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 Chapters 340 through 348, Wis. Stats., 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 Arena, 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 Chapters 340 through 348, Wis. Stats., and the penalty for violation thereof shall be limited to a forfeiture as hereinafter provided in this chapter: Section 941.01, Wis. Stats., 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of the Wisconsin Statutes, such references shall mean the Wisconsin Statutes of 1993-1994 as from time to time amended, repealed or modified by the Wisconsin Legislature.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. [Prior code § 8-1-1].

10.05.020 State administrative code provisions adopted.

(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:

(1) Wis. Adm. Code – MVD 3, Reciprocity – Nonresident Motor Carriers (penalties of Section 341.04, Wis. Stats., apply).

(2) Wis. Adm. Code – MVD 4, Lettering on Vehicles, Display of Evidence of Registration and Dual Permit.

(3) Wis. Adm. Code – MVD 5, Standards for Motor Vehicle Equipment.

(4) Wis. Adm. Code – MVD 6, Transportation of Explosives by Motor Vehicle.

(5) Wis. Adm. Code – MVD 17, Transportation of School Children.

(6) Wis. Adm. Code – MVD 18, Protective Headgear Standards and Specifications.

(7) Wis. Adm. Code – MVD 22, Standards and Specifications – Design and Mounting SMV Emblem.

(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) of this section or the provisions of Section 110.075, Wis. Stats., incorporated by reference in AMC 10.05.010.

(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 Section 347.04, Wis. Stats., relating to nonapplicability of demerit points, shall apply to owners convicted of 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 Section 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.

(e) Penalty. Penalty for violation of any provision of this section including the provisions of the Wisconsin Administration Code, incorporated herein by reference, shall be as provided in subsection (c) of this section, together with the costs of prosecution and applicable penalty assessment. [Prior code § 8-1-2].

10.05.030 Official traffic signs and control devices, prohibited signs, signals and markers. Revised 10/24

(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 AMC 10.05.010, 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, 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.

(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) of this section 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) of this section.

(d) Removal of Unofficial Signs, Markers, Signals and Traffic Control Devices. The street committee, its designee, or a police officer 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 street committee or its designee, or a police officer 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 15th shall be placed upon the tax roll for collection as other special municipal taxes. [Ord. dated 10/1/24 #8 § 1. Prior code § 8-1-3].

    State law reference: Sections 346.41 and 349.09, Wis. Stats.

10.05.040 Registration record of vehicle as evidence.

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 AMC 10.05.010 and shall be subject to the applicable forfeiture penalty; provided the defenses defined and described in Section 346.485(5)(b), Wis. Stats., shall be a defense for an owner charged with such violation. [Prior code § 8-1-4].

10.05.050 Accident reports. Revised 10/24

The operator of every vehicle involved in an accident shall after such accident file with the police a copy of the report required by Section 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 Sections 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 Section 346.73, Wis. Stats. [Ord. dated 10/1/24 #8 § 1. Prior code § 8-1-5].

10.05.060 School bus warning lights.

Notwithstanding the provisions of Section 346.48(2)(b)(2), Wis. Stats., adopted by reference in AMC 10.05.010 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 crosswalk or traffic signals so that pupils must cross the street or highway before being loaded or after being unloaded. [Prior code § 8-1-6].

10.05.070 Blue warning lights on police vehicles.

(a) Pursuant to Sections 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 Section 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 Section 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. [Prior code § 8-1-7].

10.05.080 Official traffic map. Revised 10/24

(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 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 police shall keep such official traffic map current. [Ord. dated 10/1/24 #8 § 1. Prior code § 8-1-8].