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 $10.00. The person’s operating privilege shall also be suspended for three months upon conviction. (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)