Chapter 10.05 STATE STATUTES ADOPTED

Chapter 10.05
STATE STATUTES ADOPTED

Sections:

10.05.010 State traffic forfeiture laws adopted.

10.05.020 Other law adopted.

10.05.025 Adoption and enforcement of emergency orders.

10.05.030 Absolute sobriety.

10.05.040 Standard for motor vehicle equipment.

10.05.050 Motor carrier safety regulations.

10.05.060 Reference to statutes.

10.05.010 State traffic forfeiture laws adopted.

1. Except as otherwise specifically provided in this chapter, all provisions of Wis. Stat. Chs. 340 to 349 and 351 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 part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter.

2. Sections of Wis. Stat. Chs. 340 to 349 adopted by reference shall include but not be limited to the following:

340.01, 341.01, 342.01, 343.01, 345.01, 346.01, 347.01 and 348.01	Words and Phrases Defined
341.04	Operating Unregistered or Improperly Registered Vehicle When
341.05	Vehicle Exempt from Registration
341.07	Certain Vehicles to Be Registered by Resident Lessee
341.08	Application for Registration
341.11(4)	Display of Registration Certificates
341.15	Display of Registration Plates
341.16(2) and (3)	Surrender of Illegible Plates
341.41	Reciprocity Permit
341.51	Registration of Dealer, Distributor, Manufacturer or Transporter
341.55	Misuse of Plates
341.57	Registration of Finance Companies, Credit Unions and Banks
341.61	Improper Use of Evidence of Registration
341.62	False Evidence of Registration
341.63(3)	Surrender of Plates upon Suspension
342.05	Certificate of Title Required
342.06	Application for Certificate of Title
342.15	Transfer of Interest in a Vehicle
342.16	Transfer to or from Dealer
342.23	Secured Party’s Duties
342.30(2) and (3)	Assignment and Stamping of New Identification Numbers
342.31	Report of Stolen or Abandoned Vehicle
342.33	Sale of Vehicle Used as Taxicab
342.34	Destruction of Vehicles
343.10	Occupational Licenses
343.12	School Bus Operators to Obtain Special License
343.18	License to Be Carried
343.19	Duplicate Licenses
343.22	Notice of Change of Address or Name
343.30	Suspension and Revocation by the Court
343.305	Implied Consent
343.35	Surrender of Licenses Upon Cancellation, Revocation or Suspension
343.44	Operating While Suspended, Revoked, Ordered Out-of-Service or Disqualified
343.45	Permitting Unauthorized Person to Drive
343.46	Renting Vehicles
344.45	Surrender of License and Registration Upon Suspension
344.51 and 344.52	Financial Responsibility for Rented Vehicles
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	Officers Action After Arrest for Driving Under the Influence of Intoxicant
345.25	Traffic Citation
345.26	Deposit
345.27	Information to Persons Charged
345.28	Non-Moving Violation
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: Immediate Trial
345.36	Not Guilty: Continuance; Failure to Appear
345.37	Procedure on Default 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
345.425	Mode of Trial
345.43	Jury Trial
345.45	Burden of Proof
345.46	Verdict
345.47	Judgment of Forfeiture
345.48	Reporting Pending Appeal
345.49	Procedure on Imprisonment; Nonpayment of Forfeiture
345.50	Appeal
345.51	Reopening of Default Judgment
345.52	No Double Prosecution
345.53	Costs Not Taxed Against Plaintiff
346.02	Applicability of Chapter 346
346.03	Authorized Emergency Vehicle
346.04(1) and (2)	Obedience to Traffic Officer, Signs and Signals
346.05	Vehicles to Be Driven on Right Side of Roadway
346.06	Meeting of Vehicles
346.07	Overtaking and Passing on Left
346.072	Passing Stopped Emergency Vehicles
346.75	Overtaking and Passing Bicycles
346.08	When Overtaking and Passing on Right Permitted
346.09	Limitations of Overtaking on Left or Driving on Left Side of Roadway
346.10	When Passing at Railroad Crossing or Intersection Prohibited
346.11	Passing or Meeting Frightened Animal
346.12	Driving Through Safety Zones Prohibited
346.13	Driving on Roadways Lane 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
346.175	Vehicle Owner’s Liability for Fleeing a Traffic Officer
346.18	General Rules of Right-of-Way
346.19	What to Do on Approach of Emergency Vehicle
346.195	Owner’s Liability for Vehicle Failing to Yield to Emergency Vehicle
346.20	Right-of-Way Funeral Processions and Military Convoys
346.205	Owner’s Liability for Vehicle Failing to Yield for Funeral Procession
346.21	Right-of-Way 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
346.26	Blind Pedestrian on Highway
346.27	Persons Working on Highway
346.28	Pedestrians to Walk on Left Side of Highway; Pedestrians 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 Roads or Driveway
346.33	Where Turns Prohibited
346.34	Turning Movement 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	Whistle Signals
346.41	Display of Unauthorized 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 All Railroad Crossings
346.452	Owner’s Liability for Illegally Crossing at Railroad Crossing
346.455	Vehicles to Stop at Fire Station
346.457	Owner’s Liability for Illegally Passing a Fire Truck
346.46	Vehicles to Stop at Stop Signs
346.465	Owner’s Liability for Vehicle Illegally Crossing Controlled School Crossing
346.47	When Vehicles Using Alley or Non-Highway Access to Stop
346.475	Human Service Vehicles; Loading or Unloading Children
346.48	Vehicles to Stop for School Buses Loading or Unloading Children
346.485	Owner’s Liability for Illegally Passing School Bus
346.49	Penalty for Violating Sections 346.44 to 346.48
346.495	Railroad Crossing Improvement Surcharge
346.50	Exceptions to Stopping and Parking Restrictions
346.505	Stopping, Standing or Parking Prohibited Without Disabled Plates, Permit
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	Penalties for Violating Sections 346.503 to 346.55
346.57(1)	Definitions
346.57(2)	Reasonable and Prudent Speed
346.57(3)	Conditions Requiring Reduced Speed
346.57(4)(a) – (c)	Fixed Speed Limits in School or Safety Zones (First Offense in a Year)
346.57(4)(d) – (h)	Fixed Speed Limits
346.57(4)(i)	Speeding in Park or Recreation Area
346.57(4)(j)	Town Roads
346.57(4)(k)	Speed Limit on Rustic Roads
346.57(5)	Zoned and Posted Speed Limits
346.57(6)	Certain Statutory Limits to Be Posted
346.58	Special Speed Restrictions for Certain Vehicles
346.59	Minimum Speed Regulations
346.595	Motorcycles and Mopeds
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 (First Offense Within 5 Years)
346.63(1) – (7)	Operating Under the Influence of Intoxicants
346.65	Penalty for Violating Sections 346.62 to 346.64
346.655	Driver Improvement Surcharge
346.66	Applicability of Sections Relating to Accidents and Accident Reporting
346.665	Definition of Owner
346.67	Duty Upon Striking Person or Attended or Occupied Vehicle
346.675	Owner’s Liability for Failing to Stop at a Scene of Accident
346.68	Duty Upon Striking Unattended Vehicle
346.69	Duty Upon Striking Property on or Adjacent to Highway
346.70	Duty to Report Accident
346.72	Garages to Keep Record of Repairs of Accident Damage
346.73	Penalty for Violating Sections 346.67 to 346.73
346.77	Responsibility of Parent or Guardian for Violation 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
346.803	Riding Bicycle or Electric Personal Assistive Mobility Device on Bicycle Way
346.804	Riding Bicycle on Sidewalks
346.805	Riding Electric Personal Assistive Mobility Device on Sidewalk
346.81	Lamps and Other Equipment on Bicycles
346.82	Penalty for Violating Sections 346.77 to 346.805
346.87	Limitations on Backing
346.88	Obstruction of Operator
346.89	Inattentive Driving
346.90	Following Emergency Vehicle
346.91	Crossing Fire Hose
346.915	Following Snowplows
346.92	Illegal Riding
346.93	Intoxicants in Vehicles Carrying Minors
346.935	Drinking in Motor Vehicles on Highways
346.94	Miscellaneous Prohibited Acts
346.95	Penalty for Violating Sections 346.87 to 346.94
347.02	Applicability of Chapter 347
347.03	Sale of Prohibited Equipment
347.04	Improperly Equipped Vehicle
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	Headlamp on Motor Vehicles
347.10	Headlamp Specifications for Motor Vehicle Other Than Mopeds and Motorbicycles
347.11	Headlamp Specifications for Power Driven Cycles and Motor Bicycles
347.12	Use of Multiple Beam Headlamp
347.13	Tail Lamps and Registration Plate Lamps
347.14	Stop Lamps
347.15	Directions 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 Flag on Projecting Load
347.21	Lamps and Flags on Trains of Agricultural Vehicles
347.22	Lamps on Farm Tractors and Self-Propelled Farm Implements
347.23	Lamps on Highway Maintenance Equipment
347.24	Lamps on Non-Motor Vehicles and Equipment
347.245	Identification Emblem on Slow Moving Vehicles
347.25	Special Warning Lamps on Emergency Vehicles
347.26	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
347.37	Brake Fluid, Sale Regulation
347.38	Horns and Warning Devices
347.385	Auxiliary Lamps on Emergency Vehicles
347.39	Mufflers
347.40	Mirrors
347.41	Speed Indicators
347.413	Ignition Interlock Device Tampering
347.415	Odometer Tampering
347.417	Immobilization Device Tampering
347.42	Windshield Wipers
347.43	Safety Glass
347.44	Painting Requirements
347.445	Crossing Gates for School Buses
347.45	Tire Equipment
347.455	Modifications to Height of Vehicle
347.46	Fenders and Mudguard
347.47	Drawbars, Trailer Hitches and Mobile Home Couplings
347.475	Airbags, Prohibited Practices
347.48	Seat Belts
347.485	Protective Headgear for Motorcyclist
347.486	General Requirements (Motorcyclist)
347.487	Seating Requirements (Motorcyclist)
347.488	Moped Equipment
347.489	Lamp and Other Equipment on Bicycles, Motorbicycles and Electric Personal Assistive Mobility Devices
347.49	Equipment of Vehicles Transporting Flammable Liquids
347.50	Penalty for Violating Sections 347.35 to 347.49
348.02	Applicability of Chapter 348
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 Vehicle
348.10	Special Limitations on Load
348.11	Penalty for Violating Size and Load Limitations
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 Operating Rights for 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 Side 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
349.06	Authority to Adopt Traffic Regulations in Strict Conformity with State Law

3. Regulation of All-Terrain Vehicles and Utility Terrain Vehicles.

a. Wis. Stat. Ch. 23 is adopted in its entirety by reference and shall include, but is not limited to, the following:

23.33(1)	Definitions
23.33(2)	Registration
23.33(3)	Rules of Operation
23.33(4)	Operation on or Near Highways
23.33(4c)	Intoxicated Operation of an All-Terrain Vehicle or Utility Terrain Vehicle
23.33(4g)	Preliminary Breath Screening Test
23.33(4j)	Applicability of the Intoxicated Operation of an All-Terrain Vehicle or Utility Terrain Vehicle Law
23.33(4p)	Chemical Tests
23.33(4t)	Report Arrest to Department
23.33(4x)	Officer’s Action After Arrest for Operating an All-Terrain Vehicle or Utility Terrain Vehicle While Under the Influence of Intoxicant
23.33(5)	Age Restrictions; Safety Certification Program
23.33(6)	Equipment Requirements
23.33(6m)	Noise Limits
23.33(6r)	Passenger Restrictions
23.33(7)	Accidents
23.33(11)	Local Ordinances
23.33(12)	Enforcement
23.33(13)	Penalties

b. Applicability of rules of road to all-terrain vehicles and utility terrain vehicles found in Wis. Stat. § 346.02(11) is adopted by reference herein and the operator of such vehicle on a roadway is subject to Wis. Stat. §§ 304.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.215(3), 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(l)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1) and (9) but is not subject to any other provision of Wis. Stat. Ch. 346.

(Ord. 2020-6 § 1; Ord. 2018-2 § 1; Ord. 2010-8 § 1. 2008 code § 6.01(1))

10.05.020 Other law 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 Wis. Stat. Chs. 340 to 348, and the penalty for violation thereof shall be limited to a forfeiture as provided in Chapter 10.80 ETMC.

941.01	Reckless Driving Off Highways
941.03	Highway Destruction
947.45	Drinking in Motor Vehicles on Highway

(2008 code § 6.01(2))

10.05.025 Adoption and enforcement of emergency orders.

The Town of East Troy adopts by reference all emergency declarations of the Governor under Wis. Stat. § 323.10, any local emergency declaration made under Wis. Stat. § 323.11, any order of the Wisconsin Department of Health Services (DHS) authorized in Wis. Stat. Ch. 250, and any emergency order that has garnered legislative approval as required by law, but the prosecution of such offenses under this section shall be held in the Town of East Troy Municipal Court. The fine or forfeiture for violation of said orders shall be limited to the fine or forfeiture amount found in said orders. If no fine or forfeiture amount is established in the emergency order adopted herein the forfeiture for violation of the emergency order shall be not less than $50.00 nor more than $500.00 as provided in ETMC 10.80.040. (Ord. 2020-3 § 1)

10.05.030 Absolute sobriety.

The provisions contained in Wis. Stat. §§ 346.63(2m) and 346.65(2q) are adopted herein by reference.

1. Violation Defined. If a person has not attained the age of 19, the person may not drive or operate a motor vehicle while he or she has a blood alcohol concentration of more than 0.0 percent but not more than 0.08 by weight of alcohol in the person’s blood or more than 0.0 grams but not more than 0.08 grams of alcohol in 210 liters of that person’s breath.

2. Penalties. Any person violating this section shall forfeit $200.00. The person’s operating privileges may also be suspended for three months upon a first offense conviction, but a suspension will be mandatory for second and subsequent offenses within 12 months that involve a motor vehicle. (Ord. 2021-10 § 1; Ord. 2010-8 § 2. 2008 code § 6.01(3))

10.05.040 Standard for motor vehicle equipment.

The standards for motor vehicle equipment contained in Chapter MVD-5 of the Wisconsin Administrative Code are adopted herein by reference. Enforcement and penalty provisions for these adopted Administrative Code sections shall conform to Wis. Stat. §§ 110.07 and 110.075. (2008 code § 6.01(4))

10.05.050 Motor carrier safety regulations.

1. Title. The title of this section is “Motor Carrier Safety Regulations.”

2. Purpose. It is the intent of this section to protect public health, safety, and welfare by assuring that commercial motor vehicles comply with prescribed safety regulations so as to prevent or reduce traffic accidents, fatalities, and injuries that result from the operation of unsafe vehicles upon public highways in the Town of East Troy.

3. Authority. The Town is generally authorized to regulate the users of its streets in the interest of the health, safety, and general welfare of its citizens as granted by the village powers adopted by the Town of East Troy, and under its authority to impose limitations and restrictions upon commercial motor vehicle operators pursuant to Wis. Stat. §§ 349.15, 349.16 and 349.17. Additional authority for local regulation of commercial motor vehicles is found within Wis. Stat. Chs. 110, 194, 348 and 349.

4. Applicability. This section shall apply to all owners or operators of a commercial motor vehicle, or their agents or principals, upon the public highways and to all employers of such persons as set forth in the Federal Motor Carrier Safety Regulations, Title 49 of the Code of Federal Regulations.

5. Regulations. The Wisconsin Administrative Code, §§ Trans. 325, 326, 327 and 328, copies of which are on file with the Town Clerk, is hereby adopted by reference as this section, and shall apply in the same manner as if fully set forth herein. The Wisconsin Administrative Code, §§ Trans. 325, 326, 327 and 328 adopts the Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations, Parts 107, 171 – 173, 177, 178, 390 – 393, 395 – 397, copies of which are on file with the Town Clerk. Any amendments of such regulations shall be deemed immediately effective in the Town effective the date the state of Wisconsin or the federal government adopt the same.

6. Enforcement and Penalties. Enforcement and penalty provisions for these adopted Administrative Code sections shall conform to Wis. Stat. §§ 110.07, 110.075, 345.11 and 345.26, Wis. Stat. Ch. 194, and the enforcement and penalty provisions provided in Title 49 Code of Federal Regulations.

7. Severance Clause. The provisions of this section are declared to be severable and if any section, sentence, clause or phrase of this section shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this section.

8. Effective Date. This section shall take effect upon its passage and publication as provided by law. (Ord. 2010-8 § 3. 2008 code § 6.01(5))

10.05.060 Reference to statutes.

References to specific statutory sections, whenever used in this title, mean the current Wisconsin Statutes as amended by session law. (Ord. 79-11. 2008 code § 6.16)