[Amended by Ord. No. 7-83; 5-1-2000 by Ord. No. 9.00]
The statutory provisions describing and defining
regulations with respect to vehicles and traffic in the following
enumerated sections of the Wisconsin statutes, exclusive of any provisions
therein relating to the penalties to be imposed or the punishment
for violation of such statutes, are hereby adopted and by reference
made a part of this article 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 article. Any
future amendments, revisions or modifications of the statutes incorporated
by reference are intended to be made part of this article in order
to secure uniform statewide regulation of traffic on the highways,
streets and alleys of Wisconsin.
Section
|
Subject
|
---|---|
340.01, 341.01, 342.01, 343.01, 344.01, 346.01,
347.01 and 348.01
|
Words and phrases defined
|
341.04
|
Operating unregistered or improperly registered
vehicle
|
341.045
|
Use of registered farm trucks
|
341.05
|
When 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)
|
Surrender of illegible plates
|
341.51
|
Registration of dealer, distributor, manufacturer
or transporter
|
341.55
|
Misuse of plates
|
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
|
342.30(2) and (3)
|
Assignment and stamping of new identification
numbers
|
342.31(2)
|
Report of stolen or abandoned vehicle
|
342.33
|
Sale of vehicle used as taxicab
|
342.34
|
Destruction of vehicles
|
343.05
|
Operators to be licensed; exceptions
|
343.10
|
Occupational licenses
|
343.12
|
School bus operators to obtain special licenses
|
343.18
|
License to be carried
|
343.19
|
Duplicate licenses
|
343.22
|
Notice of change of address or name
|
343.28
|
Courts to report convictions and forward licenses
to department
|
343.30
|
Suspension and revocation by the courts
|
343.303
|
Preliminary breath screening test
|
343.305
|
Refusal to submit to chemical tests
|
343.307
|
Prior convictions to be counted
|
343.325
|
Court to report appeals; when appeal stays revocation
|
343.345
|
Suspension of juveniles for failure to pay forfeiture
|
343.35
|
Surrender of license upon revocation, cancellation
or suspension
|
343.37
|
No operation under foreign license during revocation
or suspension
|
343.43
|
Unlawful use of license
|
343.45
|
Permitting unauthorized persons to drive
|
343.46
|
Duty of persons renting vehicles to another
|
344.45
|
Surrender of license and registration upon suspension
|
344.46
|
Transfer of ownership to defeat financial responsibility
|
344.51 and 344.52
|
Financial responsibility for rented vehicles
|
345.55
|
Traffic officers not to profit from arrest
|
345.60
|
Penalty of compulsory safety school attendance
|
346.02
|
Applicability of Ch. 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
|
346.075
|
Overtaking and passing bicycles
|
346.08
|
When overtaking and passing on right permitted
|
346.09
|
Limitations on 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 laned for traffic
|
346.14
|
Distance between vehicles
|
346.15
|
Driving on divided highway
|
346.16
|
Use of controlled access highways, expressways
and freeways
|
346.18
|
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
convoys
|
346.21
|
Right-of-way of livestock
|
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 and bicyclists on sidewalks
|
346.29
|
When standing or loitering in roadway or highway
prohibited
|
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
|
346.34
|
Turning movements and required signals on turning
and stopping
|
346.35
|
Method of giving signals on turning and stopping
|
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
|
346.44
|
All vehicles to stop at signal indicating approach
of train
|
346.45
|
Certain vehicles to stop at all 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 buses loading or
unloading children
|
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
|
How to park and stop on streets
|
346.55
|
Other restrictions on parking and stopping
|
346.57(2)
|
Reasonable and prudent speed
|
346.57(3)
|
Conditions requiring reduced speed
|
346.57(4)(a) through (c)
|
Fixed speed limits in school or safety zones
|
346.57(4)(d) through (h)
|
Fixed speed limits
|
346.57(4)(i)
|
Speeding in park or recreation area
|
346.57(5)
|
Zoned and posted speed limits
|
346.58
|
Special speed restrictions for certain vehicles
|
346.59
|
Minimum speed regulations
|
346.595
|
Motor-driven cycles
|
346.61
|
Applicability of sections relating to reckless
and drunken driving
|
346.62(1)
|
Reckless driving (first offense within four
years)
|
346.63(1)
|
Operating under influence of intoxicant (first
offense within five years)
|
346.635
|
Report arrest to department
|
346.655
|
Driver improvement surcharge
|
346.66
|
Applicability of sections relating to accidents
and accident reporting
|
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 to report
|
346.72
|
Garages to keep record of repairs of accident
damage
|
346.73
|
Accident reports confidential
|
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 on bicycle way
|
346.804
|
Riding bicycle on sidewalks
|
346.87
|
Limitations on backing
|
346.88
|
Obstruction of operator
|
346.89
|
Inattentive driving
|
346.90
|
Following emergency vehicle
|
346.91
|
Crossing fire hose
|
346.92
|
Illegal riding
|
346.93
|
Intoxicants in vehicles carrying minors
|
346.935
|
Drinking in motor vehicles on highways
|
346.94
|
Miscellaneous prohibited acts
|
347.02
|
Applicability of Ch. 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
|
Headlamps on motor vehicles
|
347.10
|
Headlamp specifications for motor vehicles other
than power-driven cycles
|
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 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 nonmotor 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
|
347.35
|
Brakes
|
347.36
|
Performance ability of brakes
|
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
|
347.45
|
Tire equipment
|
347.46
|
Fenders and mudguards
|
347.47
|
Drawbars, trailer hitches and mobile home couplings
|
347.48
|
Seat belts
|
347.485
|
Protective headgear for motorcyclist
|
347.486
|
General requirements (motorcyclists)
|
347.487
|
Seating requirements (motorcyclists)
|
347.488
|
Moped equipment
|
347.489
|
Lamps and other equipment on bicycles
|
347.49
|
Equipment of vehicles transporting flammable
liquids
|
348.02
|
Applicability of Ch. 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
|
348.15
|
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
|
348.19
|
Traffic officers may weight vehicles and require
removal of excess load
|
348.20
|
Policy in prosecuting weight violations
|
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
|
350.01 to 350.19
|
Snowmobiles
|
941.01
|
Reckless driving off highways
|
[Amended by Ord. No. 8-92]
A.
The provisions of W.S.A. ss. 346.57, 346.58 and 346.59
relating to the maximum and minimum speed of vehicles are hereby adopted
as part of this section as if fully set forth herein.
B.
Increasing state speed limit on certain streets. It
is hereby determined, upon the basis of an engineering and traffic
investigation, that the speed permitted by state law upon the following
streets is lower than is necessary for the safe operation of vehicles
thereon under the conditions found to exist on such streets, and it
is hereby declared that the speed limit shall be as hereinafter set
forth on those streets or parts of streets herein designated when
official traffic signs are erected giving notice thereof:
Name of Street
|
Location
|
Speed Limit
(miles per hour)
| |
---|---|---|---|
Carmichael Road
|
Between a point 1,500 feet south of Mayer Road
and the north City limits
|
45
| |
Coulee Road
|
Between Fourteenth Street and Carmichael Road
|
35
| |
Coulee Road
|
Between Second Street and Fourteenth Street
|
30
| |
County Trunk Highway F
|
Between Crest View Drive and Mayer Road
|
35
| |
Crest View Drive
|
Between Heggen Street and Carmichael Road
|
40
|
[Amended by Ord. No. 1-86; Ord. No. 13-89; Ord. No. 6-91; Ord. No. 26-93; 5-1-2000 by Ord. No. 9-00; 9-10-2001 by Ord. No. 12-01; 11-19-2001 by Ord. No. 18-01; 3-19-2007 by Ord. No. 4-07; 10-4-2010 by Ord. No. 12-10; 10-18-2011 by Ord. No. 17-11; 12-19-2011 by Ord. No. 23-11; 3-12-2012 by Ord. No. 4-12; 3-25-2019 by Ord. No.
5-19; 3-9-2020 by Ord. No. 6-20]
A.
Parking limits. When signs are erected in any block giving notice
thereof, no person shall park a vehicle for longer than the period
hereinafter specified, except Sundays and the following holidays:
January 1, Memorial Day, July 4, December 25, the first Monday in
September and the fourth Thursday in November of each year:
(1)
10:00 a.m. to 8:00 p.m.
(a)
Three-hour parking limit.
[1]
On Walnut Street between First Street and Third Street.
[2]
On Wisconsin Street between First Street and Second Street.
[3]
On Commercial Street between First Street and Third Street.
[4]
On Buckeye Street between First Street and Second Street.
[5]
On Locust Street between First Street and Third Street.
[6]
On Vine Street between First Street and Second Street.
[7]
On First Street between Vine Street and beyond Buckeye Street.
[8]
On Third Street between Vine Street and Walnut Street.
[9]
On Second Street between Vine Street and Wisconsin Street.
[10]
The Library Lot.
[11]
The North Plaza Lot.
[12]
The City Hall Lot.
[13]
The Phipps Lot.
[14]
The Harbor Lot.
[15]
The City regulated stalls in the alleyway adjacent to the City
Hall Lot.
[Added 4-12-2021 by Ord.
No. 10-21]
B.
Street storage prohibited. No person shall park a vehicle for a longer
period than 24 consecutive hours on any public street of the City.
C.
All-night parking prohibited. No person shall park any vehicle for
longer than 30 minutes between 2:30 a.m. and 4:30 a.m. of any day,
except a physician or City employee on emergency call, on any of the
following streets:
Name of Street
|
Side
|
Location
|
---|---|---|
Commercial Street
|
Both
|
From First Street to Second Street
|
Locust Street
|
Both
|
Between First Street and Third Street
|
Locust Street
|
Both
|
Between Third Street and Fourth Street designated painted parking
stalls
|
Second Street
|
East
|
From Wisconsin Street to Vine Street
|
Second Street
|
West
|
Between Buckeye Street and Vine Street
|
Third Street
|
West
|
From Vine Street to Walnut Street
|
Walnut Street
|
Both
|
Between First Street and Fourth Street
|
Wisconsin Street
|
Both
|
From First Street to Second Street
|
D.
Double parking. Parking on the roadway side of any parked vehicle
or double parking is prohibited.
E.
Removal of vehicles. The Public Works Superintendent or any of his
employees under his supervision and direction or the Police Department
may remove any vehicle which may interfere with the operation of any
snow-removal equipment or any emergency vehicle. The Public Works
Superintendent or the Police Department may charge the cost of removing
such vehicle to the owner or the operator thereof. Said Public Works
Superintendent or Police Department may cause removal to be made either
by his or its own department with City help or may contract or farm
out such removal to any other garageman, serviceman or person. The
removed vehicle shall be stored at a place to be determined by the
City, and the owner shall pay the usual storage charge and towing
charge before the vehicle is released.
F.
Prohibited parking.
(1)
Dike Road. Parking of automobiles and motorized vehicles on the extension
of Walnut Street westerly from First Street, commonly known as "Dike
Road," is prohibited.
(2)
Eleventh Street. Parking of automobiles and motorized vehicles is
prohibited on the east side of Eleventh Street between Wisconsin Street
and Coulee Road.
(3)
There shall be no parking on either side of Second Street (Highway
35) from a point 275 feet south of the intersection of Second Street
with Buckeye Street to the start of the interstate highway system
on Second Street.
(4)
There shall be no parking of vehicles or placing of any other obstructions
such as snow, trash containers, etc., within 10 feet of either side
of a United States mailbox for the period of Monday through Saturday.
This applies to all U.S. mail receptacles, including neighborhood
delivery and collection box units.
(5)
Recreational water equipment/vehicles.
(a)
No person shall park any empty trailer for boats, jet skis,
kayaks, canoes, or other types of recreational water equipment/vehicles
on any street or in any City-owned parking lot within the City limits
of the City of Hudson, excepting the First Street and Lake Mallalieu
boat launch parking lots.
G.
Truck, tractor or trailer or school bus parking prohibited.
(1)
Except as provided herein, no person shall park any truck, tractor
or trailer for longer than 30 minutes between 10:00 p.m. and 6:00
a.m. of any day on a public street in a residence district, and no
person shall park any school bus on any public street in a residence
district for a period longer than 30 minutes.
(2)
No person shall park any truck, tractor or trailer for longer than
one hour on any public street in any industrial district.
(3)
A parking permit to park a truck, tractor or trailer or a school
bus on a street in a residence district may be obtained from the Police
Department for a period not to exceed 24 hours.
H.
Parking restrictions related to street-servicing activities.
(1)
Snow-plowing event.
(a)
SNOW-PLOWING EVENT
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A snowfall in which there is snow accumulation of two inches
or more.
(b)
No parking during snow-plowing event. Except as provided below, there shall be no parking on streets during any snow-plowing event. This no-parking restriction shall remain in force until the street is plowed curb to curb. If a vehicle is parked on a public street during a snow-plowing event and does not meet an exemption set forth in Subsection H(1)(e) below, the City may tow the vehicle without warning or notice and at the sole cost and expense of the vehicle owner.
[Amended 9-18-2023 by Ord. No. 13-23]
(c)
Signs and warning markers. The Parks and Public Works Director
shall cause to be erected such signs and warning markers necessary
to give notice of the parking restrictions prohibitions and limitations
of this subsection. Parking restrictions for snow-plowing events shall
also be shown on the City's official parking control map.
(d)
Event notification. Individuals are responsible for parking
vehicles in compliance with this section with or without prior notice
from the City of an expected snow-plowing event. The City may, but
is not required to, provide the courtesy notifications of a snow-plowing
event, such as on:
(e)
Exemptions. Parking restrictions related to snow-plowing events
do not apply to:
[1]
Employees of Willow River School who may apply for individual exemptions from these parking restrictions to allow them to park within two blocks of Willow River School when doing so in connection with their employment. The application process shall be as provided in Subsection H(1)(e)[3] below.
[2]
Downtown painted stalls.
[3]
Individual resident vehicle exemptions may be issued in extreme
hardship situations where there is no driveway and no place to park
a vehicle off the street.
[a]
To obtain an exemption, a resident must apply to
the Hudson Public Works Department. The vehicle must be registered
to the resident at the address provided in the application.
[b]
The applicant must sign a hold-harmless and release-of-all-claims
agreement, releasing the City of Hudson and its agents, officers,
and employees, from all claims that may arise out of damages incurred
due to parking on the street during a snow-plowing event.
[c]
An annual exemption sticker or placard will be
provided to the resident for each qualified vehicle. The sticker or
placard must be placed on the windshield or dashboard in the lower
left on the driver side.
[d]
All exemptions are valid from September 1 through
August 30 of each year. Exemption holders must apply for renewal in
August of each year; an initial, nonrefundable fee will be charged,
as determined by the Common Council.
[e]
Denied exemptions can be appealed to the Public
Works Committee.
(2)
Parking restrictions related to removal of snow accumulation, tree
trimming and street cleaning, storm cleanup, and other street maintenance.
(a)
When Public Works temporary signs are erected for snow removal,
tree trimming or any other street maintenance work, there shall be
no parking on the signed street as stated on the signs.
(3)
Violations, fines, and penalties. Except as otherwise provided in this § 235-3H, vehicles parked in violation of the parking restrictions set forth in this § 235-3H shall be subject to warning or citations issued in accordance with a fee schedule as established by the Common Council. Warnings and citations may be issued by Hudson police officers and any other City personnel authorized to issue warnings and citations.
[Amended 9-18-2023 by Ord. No. 13-23]
No person shall operate any vehicle on Seventh
Street when the gross weight of such vehicle exceeds 10,000 pounds,
except for vehicles crossing Seventh Street at an intersection.
A.
Definition. "Bicycle" means every device propelled
by the feet acting upon pedals and having wheels any two of which
are more than 20 inches in diameter.
B.
Bicycles to be registered. No person shall operate
a bicycle upon any street within the City unless the bicycle shall
first have been properly registered and tagged as hereinafter provided.
[Amended by Ord. No. 14-86]
(1)
Every owner of any bicycle within the City shall,
within 10 days of purchase or acquisition, file with the Police Department
upon a blank form provided for the purpose an application for licensing
of such bicycle. Such registration shall be serially numbered and
be kept on file by the Police Department as a public record.
[Amended by Ord. No. 10-91]
(2)
Immediately upon the registration of a bicycle with
the Police Department, the owner shall affix to such bicycle an identification
tag serially numbered to correspond with the registration of such
bicycle. Such tag shall thereafter remain affixed to such bicycle
unless removed by the Police Department for cause. The registration
shall remain valid unless the bicycle is sold or transferred or discarded.
[Amended by Ord. No. 10-91]
(3)
The Police Department shall cause to be published
in the Hudson Star-Observer a notice annually on or before April 15
of each year stating that registration is required under the Hudson
Municipal Code and that identification tags or plates are on sale
and available at the City Hall in Hudson, Wisconsin.
[Amended 5-1-2000 by Ord. No. 9-00]
(4)
The Police Department shall inspect each bicycle presented
to it for registration, and it may refuse to register any such bicycle
found to be in unsafe mechanical condition.
(5)
The Chief of Police may cancel the registration of
and remove the identification tag from any bicycle being operated
upon any street in the City in an unsafe manner or in violation of
any state law or local ordinance, and such cancellation of registration
and removal of tag shall be in addition to other penalties provided
for such offense.
(6)
Within 10 days after any bicycle registered hereunder
shall have changed ownership or been dismantled and taken out of operation,
such information shall be reported to the Police Department by the
person in whose name the bicycle has been registered.
C.
Applicability of rules of the road to persons riding
bicycles. Subject to the special provisions applicable to bicycles,
every person riding a bicycle upon a roadway is granted all the rights
and is subject to all the duties which W.S.A. ch. 346 grants or applies
to the operator of a vehicle, except those provisions which by their
express terms apply only to motor vehicles or which by their very
nature would have no application to bicycles.
D.
Use of controlled access highways, expressways and
freeways. No pedestrian or person riding a bicycle or other nonmotorized
vehicle or person operating a power-driven cycle or motor bicycle
shall go upon any expressway or freeway when official signs have been
erected prohibiting such person from using the expressway or freeway.
F.
Special rules applicable to bicycles. Whenever a bicycle
is operated upon a highway, the following rules apply:
(1)
A person propelling a bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto.
(2)
No bicycle shall be used to carry more persons at
one time than the number for which it is designed and equipped.
(3)
No person operating a bicycle shall carry any package,
bundle or article which prevents the operator from keeping at least
one hand upon the handlebars.
(4)
No person riding a bicycle shall attach himself or
his bicycle to any vehicle upon a roadway.
G.
Riding bicycle on roadway.
(1)
Every person operating a bicycle upon a roadway shall
ride as near to the right side of the roadway as practicable, exercising
due care when passing a standing vehicle or one proceeding in the
same direction.
(2)
Persons riding bicycles upon a roadway shall ride
single file.
(3)
Wherever a usable path for bicycles has been provided
adjacent to a roadway, bicycle riders shall use such path and shall
not use the roadway.
H.
Lamps and other equipment of bicycles.
(1)
No person may operate a bicycle upon a highway, bicycle
lane or bicycle way during the hours of darkness unless such bicycle
is equipped with or the operator is wearing a lamp emitting a white
light visible from a distance of at least 500 feet to the front of
such bicycle. Such bicycle shall also be equipped with a red reflector
that has a diameter of at least two inches of surface area on the
rear so mounted and maintained as to be visible from all distances
from 50 to 500 feet to the rear when directly in front of lawful upper
beams of headlamps on a motor vehicle. A lamp emitting a red light
visible from a distance of 500 feet to the rear may be used in addition
to but not in lieu of the red reflector.
(2)
No person shall operate a bicycle upon a highway unless
it is equipped with a brake which will enable the operator to make
the braked wheels skid on dry, level, clean pavement and with a bell
or other device capable of giving a signal audible for a distance
of at least 100 feet, but a bicycle shall not be equipped with nor
shall any person use upon a bicycle any siren or whistle.
I.
Revocation. In addition to any other penalty imposed
for violation of this article, any person violating any of the provisions
of this section may be punished by revocation of the registration
for a period of not to exceed six months or confiscation of the bicycle,
or by both such revocation of the registration and confiscation of
the bicycle.
The City Public Works Superintendent is hereby authorized and directed to procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Highway Commission giving notice of the provisions of §§ 235-2, 235-3 and 235-4. Signs shall be erected in such locations and manner as authorized by the Council as to give adequate warning to users of the street, alley or highway in question.
A.
[1]State snowmobile laws adopted. Except as otherwise specifically
provided in this section, the statutory provisions describing and
defining regulations with respect to snowmobiles in the following
enumerated sections of the Wisconsin statues are hereby adopted by
reference and made part of this section as if fully set forth herein.
Acts required to be performed or prohibited by such statues are required
or prohibited by this section.
Section
|
Subject
|
---|---|
346.02(10)
|
Applicability of rules of the road to snowmobiles
|
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 exemptions
|
350.05
|
Operation by youthful operators restricted
|
350.055
|
Safety certification program established
|
350.07
|
Driving animals
|
350.08
|
Owner permitting operation
|
350.09
|
Head lamps, tail lamps and brakes
|
350.10
|
Miscellaneous provisions for snowmobile operation
|
350.12
|
Registration of snowmobiles
|
350.13
|
Uniform trail signs and standards
|
350.19
|
Liability of landowners
|
B.
Applicability of rules of the road to snowmobiles.
The adoption of W.S.A. s. 346.02(10) by reference is intended to include
the rules of the road therein enumerated which are as follows: W.S.A.
ss. 346.04, 346.06, 346.11, 346.14(1), 346.18 to 346.21, 346.26, 346.27,
346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46 to 346.48,
346.50(1)(b), 346.51 to 346.55, 346.87 to 346.91, 346.92(1) and 346.94(1)
and (9).[2]
C.
Snowmobile routes and trails designated. Except as
provided in W.S.A. ss. 350.02 and 350.045 or for snowmobile events
authorized in accordance with W.S.A. s. 350.04, no person shall operate
a snowmobile upon any public right-of-way, in any public park or on
any other public municipal property in the City, except upon the following
designated snowmobile routes and trails:
[Amended by Ord. No. 20-92[3]]
(1)
Routes.
(a)
The following streets or portions thereof are
designated snowmobile routes: those routes designated by the Public
Safety Committee and approved by the Common Council prior to October
1, 1973, and October 1 of each year thereafter. After approval by
the Common Council, said routes are to be published in the official
newspaper.
(b)
The following sidewalks are snowmobile routes:
none.
(2)
Trails.
(a)
Operation of snowmobiles on marked trails is
authorized in the following public parks and recreational areas, subject
to approval of the Common Council: marked trail through Grandview
Community Park.
(b)
The Public Works Department is directed and
authorized to procure, erect and maintain appropriate snowmobile routes,
trails and limit signs and markers as approved by the State Department
of Natural Resources under W.S.A. s. 350.13.
(c)
No person shall fail to obey any route or trail
sign, marker or limit erected in accordance with this section.
D.
Additional regulations.
(1)
Speed. No person shall operate a snowmobile upon any public highway within the City at a speed in excess of 10 miles per hour at any time. No person shall operate a snowmobile on any route or trail designated in Subsection C of this section or in any public park or recreational area at a speed in excess of the posted limit or 10 miles per hour, whichever is lower.[4]
(2)
Hours of operation. No person shall operate a snowmobile
within the City between the hours of 10:30 p.m. and 7:00 a.m., except
upon a public highway as authorized by the Wisconsin statutes and
this section or for the purpose of gaining access to or leaving such
highway.
(3)
Unattended snowmobiles. No person shall leave or allow
a snowmobile to remain unattended on any public highway or public
property while the motor is running or with the starting key in the
ignition.
(4)
Operation on sidewalks and malls prohibited. No person shall operate a snowmobile on any sidewalk, pedestrianway or mall within the City except as specifically authorized by Subsection C of this section.
(5)
Operation on icebound waters. No person shall operate
or ride upon a snowmobile on Lake Mallalieu between 10:00 p.m. and
7:00 a.m. or at any time or place when such operation has been declared
unsafe by the Chief of Police. The Chief of Police is authorized and
directed to procure, erect and maintain signs and markers giving notice
that such restrictions are in effect at all public access points on
such lake.[5]
E.
Penalty. Where no other penalty is provided, any person who shall violate any provision of this section shall, upon conviction thereof, forfeit not more than $200, together with the costs of prosecution, provided that no person shall forfeit an amount in excess of the maximum fine or forfeiture allowed in the Wisconsin statutes for the same offense, and further provided that the penalty and forfeiture for parking violations on highways shall be in the amount applicable to such violations by owners or operators of motor vehicles under Article II, § 235-30 of this chapter.[6]
F.
Enforcement.
(1)
Uniform citation for highway violations. The uniform
citation promulgated under W.S.A. s. 345.11 shall be used for violations
of this section relating to highway use and parking except as herein
provided.
(2)
Other violations. All violations of this section not described in Subsection F(1) shall be enforced in accordance with W.S.A. ss. 66.12 and 66.114 and ch. 299. Stipulations of guilt or no contest may be made as provided in W.S.A. s. 66.12(1)(b) in substantially the form provided in the uniform traffic citation within five days of the date of the citation for such violation. Bail deposits may also be made under W.S.A. s. 66.12. Such deposits shall include a two-dollar Clerk's fee and costs of prosecution.
(3)
Police Department to receive stipulations and penalties.
Stipulations, forfeited penalties and deposits for obtaining release
from arrest authorized under this section may be accepted at the City
Police Department offices by the Chief or an officer designated by
him. The officer authorized to accept penalties and deposits shall
be bonded, and such bond shall be filed with the City Clerk.
(4)
[7]Forfeited penalties and deposits. Except as otherwise provided
in W.S.A. s. 341.26 and the deposit schedule adopted by the State
Board of County Judges thereunder, required forfeited penalties and
deposits or bail, not including costs or fees, for violations of this
section shall be as follows:
Offense
|
Violation
| |||
---|---|---|---|---|
Subsection A
|
Violations
|
$ 20.00
| ||
Except:
| ||||
350.07
|
Driving animals
|
$200.00
| ||
350.08
|
Permitting operation by incompetent
|
$100.00
| ||
350.10
|
Operating snowmobile under influence
|
$100.00
| ||
Subsection C
|
Violations
|
$20.00
| ||
Subsection D
|
Violations
|
$20.00
| ||
Except:
| ||||
Subsection D(3)
|
Unattended snowmobiles
|
$10.00
|
The administrative provisions describing and
defining standards for motor vehicle equipment in the following sections
of the Wisconsin Administrative Code, exclusive of any provisions
therein relating to the penalties to be imposed, are adopted by reference
and made a part of this article as if fully set forth herein:
Section
|
Subject
|
---|---|
MVD 5.05
|
Applicability of chapter
|
MVD 5.06
|
Enforcement of the vehicle equipment requirements
|
MVD 5.07
|
Severability
|
MVD 5.08
|
Definitions
|
MVD 5.12
|
Steering and suspension
|
MVD 5.14
|
Tire, wheel and rim
|
MVD 5.22
|
Brakes
|
MVD 5.24
|
Exhaust and fuel systems
|
MVD 5.26
|
Headlamps
|
MVD 5.27
|
Headlight inspection equipment and procedure
|
MVD 5.28
|
Parking lamps
|
MVD 5.29
|
Front direction signal lamps
|
MVD 5.30
|
Tail lamps
|
MVD 5.31
|
Stop lamps
|
MVD 5.32
|
Rear direction signal lamps
|
MVD 5.33
|
Registration plate lamp
|
MVD 5.34
|
Backup lamp
|
MVD 5.35
|
Horn
|
MVD 5.36
|
Auxiliary lamps
|
MVD 5.37
|
Sidemarker lamps and reflectors
|
MVD 5.38
|
Flashing warning lamps
|
MVD 5.40
|
Windshield defroster-defogger
|
MVD 5.51
|
Windshields
|
MVD 5.52
|
Vent, side and rear windows
|
MVD 5.54
|
Windshield wipers
|
MVD 5.56
|
Mirrors
|
MVD 5.58
|
Speed indicator and odometer
|
MVD 5.61
|
Restraining devices and seats
|
MVD 5.62
|
Floor plan
|
MVD 5.63
|
Bumper, fender and projecting parts
|
MVD 5.65
|
Doors, locks and latches
|
MVD 5.66
|
Homemade or reconstructed motor vehicles
|
MVD 5.67
|
Registration and identification
|
[Added by Ord. No. 25-84; amended 5-1-2000 by Ord. No. 9-00; 8-16-2021 by Ord. No. 15-21]
A.
CITY
PERSON
TRUCK
TRUCK ROUTE
Definitions. For the purposes of this section, the following terms
shall have the meanings given herein:
The City of Hudson.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
Any vehicle that is classified as Classes 6-13 according
to the Federal Highway Administration's 13-Category Vehicle Classification
Rules or any vehicle with a combined body weight and load weight of
4,000 pounds (2 tons) per axle.
A way over certain streets, as designated herein, over and
along which trucks must operate.
B.
Application of regulation. All trucks within the City shall be operated
only over and along the truck routes herein established, except that
the following vehicles that may otherwise be defined as a truck may
use any non-truck route within the City as needed for regular or emergency
operations:
(1)
Emergency vehicles. The operation of emergency vehicles (City Police,
City Fire, any ambulance, any other emergency medical services, County
Sheriff, Wisconsin State Patrol, or other public safety agencies responding
to calls within the City) upon any street in the City.
(2)
City vehicles. The operation of trucks owned or operated by the City
or Hudson Public Utilities.
(3)
Detoured trucks. The operation of trucks upon any officially established
detour in any case where such truck could lawfully be operated upon
the street for which such detour is established.
(4)
Garbage disposal and hauling services. Any garbage, recycling, or
yard waste collection coordinated by the City.
(5)
School buses. Any bus or other vehicle transporting students to or
from regular school days, athletic events, field trips, or other official
school functions.
C.
Truck routes established. All trucks operating within the City apart from those listed in § 235-9B shall be operated only over the following designated routes:
(1)
Any roadway under the jurisdiction of the Wisconsin Department of
Transportation (WisDOT) where WisDOT has allowed such truck traffic.
(2)
Any roadway under the jurisdiction of St. Croix County (County) where
the County has allowed such truck traffic.
(3)
First Street from Buckeye Street to Vine Street.
(4)
Second Street from Coulee Road to the northern City limits.
(5)
Third Street from Walnut Street to Vine Street.
(6)
Eleventh Street from Crest View Drive to Coulee Road.
(7)
Seventeenth Street from Coulee Road to Aldrich Avenue.
(8)
Eighteenth Street from Coulee Road to Ward Avenue.
(9)
Nineteenth Street from Coulee Road to Ward Avenue.
(10)
Annabelle Way from Sofia Lane to Vine Street.
(11)
Annabelle Way from Ward Avenue to Hillcrest Drive.
(12)
Badger Drive from Crest View Drive to Gateway Boulevard.
(13)
Beaudry Blvd from Heggen Street to Industrial Street.
(14)
Brecken Drive between Carmichael Road intersections.
(15)
Buckeye Street from First Street to Second Street.
(16)
Carmichael Road from end of County maintenance to northern City
limits.
(17)
Center Drive from Gateway Boulevard to Stageline Road.
(18)
Commercial Street from First Street to alley between Second
Street and Third Street.
(19)
Coulee Road from Second Street to Carmichael Road.
(20)
Coulee Trail from Carmichael Road to eastern City limit.
(21)
Crest View Drive from Heggen Street to Carmichael Road.
(22)
Darnold Drive from Stageline Road to northern end.
(23)
Dominion Drive from Hosford Street to Crest View Drive.
(24)
Enloe Street from western end to Rock Street.
(25)
Gateway Boulevard from southern end to Badger Drive.
(26)
Gateway Court between Gateway Boulevard intersections.
(27)
Gateway Circle from Gateway Boulevard to end.
(28)
Hanley Road from Heggen Street to Old Highway 35.
(29)
Harvey Street from western end to Rock Street.
(30)
Heggen Street from Hanley Road to Crest View Drive.
(31)
Heiser Street from Rock Street to eastern end.
(32)
Hillcrest Drive from Coulee Road to Ward Avenue.
(33)
Hillcrest Drive from Annabelle Way to Carmichael Road.
(34)
Hosford Street from Heggen Street to Swasey Street.
(35)
Jack Breault Drive from Old Highway 35 to northern cul-de-sac
and southern cul-de-sac.
(36)
Industrial Street from Hanley Road to Crest View Drive.
(37)
Livingstone Road from Heggen Street to Industrial Street.
(38)
Maxwell Drive from Maxwell Drive connection to Carmichael Road
to Hanley Road.
(39)
Maxwell Drive connection to Carmichael Road.
(40)
Mayer Road from O'Keefe Road to Carmichael Road.
(41)
Pearson Drive from Hanley Road to northerly Center Drive intersection.
(42)
O'Keefe Road from Mayer Road to Crest View Drive.
(43)
O'Neil Road from Tower Road to Hanley Road.
(44)
Old Highway 35 from Tower Road to Stageline Road (all parts
within the City's jurisdiction).
(45)
Rock Street from Enloe Street to Hanley Road.
(46)
Sofia Lane from Annabelle Way to Carmichael Road.
(47)
Stageline Road from Carmichael Road to Old Highway 35 (all parts
within the City's jurisdiction).
(48)
Swasey Street from Livingstone Road to Hosford Street.
(49)
Vine Street from First Street to eastern City limits.
(50)
Walnut Street from First Street to Third Street.
(51)
Ward Avenue from Seventeenth Street to Annabelle Way.
(52)
Webster Street from Industrial Street to eastern end.
(53)
Willis Miller Drive from Tower Road to Heiser Street.
(54)
Wisconsin Street from First Street to Second Street.
(55)
Yoerg Drive from Willis Miller Drive to eastern end.
D.
Use of alleys. Trucks may not use any public alleys in the City except
as noted in this section. Trucks may use the following alleys for
deliveries only, not for through traffic:
(1)
Alley between First Street, Second Street, Commercial Street, and
Walnut Street.
(2)
Alley between First Street, Second Street, Walnut Street, and Locust
Street.
(3)
Alley between First Street, Second Street, Locust Street, and Vine
Street.
(4)
Alley between Second Street, Third Street, Commercial Street, and
Walnut Street (adjacent to Williams Lot).
(5)
Alley between Second Street, Third Street, Walnut Street, and Locust
Street.
E.
Truck use of City streets and alleys for public or private improvement
projects. Hauling routes for public construction projects shall be
determined by the City Engineer or Public Works Director on a case-by-case
basis. Trucks needing to use non-truck routes to access a residential
property for home construction, maintenance, renovations, or other
residential construction activities are allowed as long as the truck
uses the shortest possible route from an identified truck route to
and from the site.
F.
Permitting. When trucks must use a non-truck route for hauling or other work apart from private residential work identified in § 235-9E, the owner or operator of such truck shall obtain a permit from the City Engineer or Public Works Director prior to use of a non-truck route within the City. Permitting conditions shall be determined as needed by the Common Council of the City of Hudson. Permitting fees shall be determined on a regular basis with City fee schedule updates.
G.
Enforcement.
(1)
Clerk maintains maps. The City Clerk shall keep and maintain accurate
maps setting out truck routes and streets upon which truck traffic
is permitted. The maps shall be kept on file in the office of the
City Clerk and shall be available to the public.
(2)
Public Works Director maintains signs.
(a)
The Public Works Director of the City upon consultation with
the City Engineer and Chief of Police of the City shall signpost all
street and highway entrances to the City to give notice that this
section is in effect.
(b)
Failure to post. No person shall be charged with violating the
provisions of this section by reason of operating a truck upon a street
wherein truck travel is prohibited unless appropriate signs are posted.
(3)
Weigh-in. The Chief of Police shall have the authority to require
any person driving or in control of any commercial vehicle not proceeding
over a truck route to proceed to any public or private scale available
for the purpose of weighing and determining whether this section has
been complied with.
(4)
Violations and penalties. Violations of § 235-9 shall incur the following penalties:
(a)
First offense. Any person who shall violate § 235-9 of the Code shall, upon conviction thereof, forfeit not less than $200 nor more than $2,000, plus the cost of prosecution and cost of correction of any damages to City property caused by violation of § 235-9, and in default of payment of such forfeitures and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days.
(b)
Second and further offenses. Any person found guilty of violating § 235-9 of the Code having been previously convicted of a violation of the same ordinance shall, upon conviction thereof, forfeit not less than $500 nor more than $5,000, plus the cost of prosecution and cost of correction of any damages to City property caused by violation of § 235-9, and in default of payment of such forfeitures and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding six months.
A.
The penalty for violation of any provision of this
article shall be a forfeiture as hereafter provided, together with
costs under W.S.A. s. 346.56 and a penalty assessment, where applicable,
as required under W.S.A. s. 165.87(2). Only those violations of ordinances
adopted under the sections of the Wisconsin statutes listed below
are exempt from the penalty assessment:
[Amended 5-1-2000 by Ord. No. 9-00]
Section
|
Subject
| |
---|---|---|
346.50
|
Exceptions to stopping and parking restrictions
| |
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
| |
349.13
|
Authority to regulate the stopping, standing
or parking of vehicles
| |
349.14
|
Authority to use parking meters
|
B.
State forfeiture statutes. Any forfeiture for violation
of W.S.A. ss. 340.01 to 941.03 shall conform to the forfeiture permitted
to be imposed for violation of the statutes adopted by reference,
including any variations or increases for subsequent offenses.
D.
Parking violations. The penalty for parking violations
shall be as follows:
[Amended 5-1-2000 by Ord. No. 9-00]
Forfeiture
| ||||
---|---|---|---|---|
Section
|
Subject
|
Minimum
|
Maximum
| |
346.51(1)
|
Improper parking on/off roadway
|
$3.00
|
$200.00
| |
346.52(1)
|
Stopping/standing in prohibited
|
$3.00 areas
|
$40.00
| |
Second conviction within 1 year
|
$6.00
|
$100.00
| ||
346.52(2)
|
Stopping/standing on highway by
|
$3.00 grade school
|
$40.00
| |
Second conviction within 1 year
|
$3.00
|
$100.00
| ||
346.53
|
Parking/standing where prohibited
|
$3.00
|
$40.00
| |
Second conviction within 1 year
|
$6.00
|
$100.00
| ||
346.54
|
Improper parking/standing of
|
$3.00 vehicle
|
$40.00
| |
Second conviction within 1 year
|
$6.00
|
$100.00
| ||
346.55(1)
|
Parking on left side of highway
|
$3.00
|
$200.00
| |
346.55(3)
|
Parking on posted private
|
$3.00 property
|
$40.00
| |
Second conviction within 1 year
|
$6.00
|
$100.00
|
A.
Enforcement procedure. This article shall be enforced
according to W.S.A. s. 66.12, ch. 800 and ss. 345.20 to 345.53.
[Amended 5-1-2000 by Ord. No. 9-00]
B.
Deposit.
(1)
Any person arrested for a violation of this article
may make a deposit of money as directed by the arresting officer at
the police station or at the office of the clerk of court or by mailing
the deposit to such places. The arresting officer or the person receiving
the deposit shall comply with W.S.A. s. 345.27, or, if the deposit
is mailed, the signed statement required under W.S.A. s. 345.27 shall
be mailed with the deposit. The arresting officer or the person receiving
the deposit shall notify the arrested person, orally or in writing,
that:
(a)
If he fails to appear in court at the time fixed
in the citation, he will be deemed to have rendered a plea of no contest
and submitted to a forfeiture plus costs not to exceed the amount
of the deposit; or
(b)
If he fails to appear in court at the time fixed
in the citation and if the court does not accept the deposit as a
forfeiture, he will be summoned into court to answer the complaint.
(2)
The amount of the deposit shall be determined in accordance
with the deposit schedule established by the Board of County Judges
and shall include the penalty assessment established under W.S.A.
s. 165.87 and costs. If a deposit schedule has not been established,
the arresting officer shall require the alleged offender to deposit
the forfeiture established by the Chief of Police, which shall include
the ten-percent penalty assessment established under W.S.A. s. 165.87.
Deposits for nonmoving violations shall not include the penalty assessment.
(3)
The arresting officer or the person receiving the
deposit shall issue the arrested person a receipt therefor as required
by W.S.A. s. 345.26(3)(b).
C.
Stipulation of no contest. Any person charged with a violation of this article, except W.S.A. ss. 346.62(1) and 346.63(1), may make a stipulation of no contest pursuant to W.S.A. s. 345.27, which shall be received at the police station or the office of the clerk of court within 10 days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make the deposit required under Subsection B if he has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in W.S.A. s. 345.37.
[Added by Ord. No. 13-84]
Except as provided for in this article, no person
shall operate any snowmobile, off-street recreational vehicle or other
motor vehicle on private land, except with the express or implied
permission of the landowner.
[Added 2-7-2000 by Ord. No. 5-00]
School bus operators shall use flashing red
warning lights in a residence or business district when pupils or
other authorized passengers are to be loaded or unloaded at a location
at which there are no traffic signals and such persons must cross
the street or highway before being loaded or after being unloaded,
except red warning lights shall not be required when loading or unloading
such persons in designated school bus loading zones.
[Added 7-16-2007 by Ord. No. 13-07]
A.
Use of engine compression brakes prohibited. No person
shall use, within the City limits of the City of Hudson, motor vehicle
brakes that are in any way activated or operated by the compression
of the engine of the motor vehicle (including those known as "Jake
Brakes®"). It shall be an affirmative defense to prosecution under
this section that compression brakes were applied in an emergency
and were necessary for the protection of persons or property. Emergency
vehicles shall be exempt from this subsection.
C.
Effective date. This section shall be effective upon
adoption by the Common Council and publication as required by law.
[Added 9-20-2010 by Ord. No. 13-10]
A.
LOW-SPEED VEHICLE
Definitions.
A motor vehicle that conforms to the definition and requirements
for low-speed vehicles, as adopted in the federal motor vehicle safety
standards for low-speed vehicles under 49 CFR 571.3(b) and 571.500.
"Low-speed vehicle" does not include a golf cart.
B.
Low-speed vehicles will be allowed only on roadways within the City
of Hudson which have a speed limit of 35 miles per hour or less.
C.
Operation of low-speed vehicles on State Trunk Highway 35 or through
intersections that cross State Trunk Highway 35 within the City of
Hudson will only be allowed after written or oral consent has been
provided by the Wisconsin Department of Transportation. If the Department
files a timely objection, this ordinance will not apply to State Trunk
Highway 35 and the intersections crossing that highway.
[Added 8-5-2019 by Ord. No. 12-19; amended 11-18-2019 by Ord. No.
19-19]
A.
Prohibition.
No person shall drive a motor vehicle on any street or highway while
using a hand-held mobile telephone or mobile electronic device.
B.
AUTHORIZED EMERGENCY VEHICLE
DRIVE
MOBILE ELECTRONIC DEVICE
MOBILE TELEPHONE
USING
Definitions.
The following definitions shall apply in the interpretation and enforcement
of this section:
Shall have the same meaning as in § 340.01(3), Wis.
Stats.
Shall have the same meaning as in § 343.305(1)(b), Wis.
Stats.
Any hand-held or other portable electronic equipment capable
of providing data communication between two or more persons, including
a text-messaging device, a paging device, a personal digital assistant,
a laptop computer, equipment capable of playing a video game or a
digital video disk, equipment which provides navigation assistance
to the operator of a motor vehicle which is not installed or integrated
into the electrical system of a motor vehicle, or equipment on which
digital photographs are taken or transmitted, or similar device or
any combination thereof.
Includes a cellular, analog, wireless or digital telephone
capable of sending or receiving telephone communications without an
access line for service.
To dial, answer, talk, listen, send or read a text message,
or otherwise manipulate the controls of a mobile telephone or other
mobile electronic device.
C.
Presumption.
The driver of a motor vehicle who holds a hand-held mobile telephone
to, or in the immediate proximity of his or her ear, is presumed to
be using such telephone within the meaning of this section. The driver
of a motor vehicle who holds a mobile electronic device in at least
one hand is presumed to be using such mobile electronic device within
the meaning of this section. The presumption established under this
subsection may be rebutted upon the presentation of evidence that
is clear, satisfactory and convincing to a reasonable certainty.
D.
Exemptions.
This section does not apply to any of the following:
(1)
The driver of an authorized emergency vehicle or a member of the
Armed Forces of the United States while driving a military vehicle
and while in the performance of his or her official duties and within
the scope of his or her employment.
(2)
The use of a mobile telephone or mobile electronic device for the
sole purpose of communicating with public safety personnel or duly
licensed medical personnel regarding an emergency.
(3)
The use of a voice-operated or hands-free device if the driver of
the motor vehicle does not use his or her hand to operate the device,
except to activate or deactivate a feature or function of the device.
(4)
A driver of a motor vehicle while maintaining the motor vehicle in
the park position where the motor vehicle has an automatic transmission,
or in the neutral position with the emergency brake applied where
the motor vehicle has a standard transmission, either on public or
private property.
(5)
An amateur radio operator who holds a valid amateur radio operator'
s license issued by the Federal Communications Commission when he
or she is using dedicated amateur radio two-way radio communication
equipment and observing proper amateur radio operating procedures.
(6)
Any audio equipment or equipment installed or integrated into the
electrical system of a motor vehicle for the purpose of providing
navigation assistance to the driver of the motor vehicle or video
entertainment to the passengers in the rear seats of the motor vehicle.
E.
Penalty. Any person who violates this section shall be subject to a forfeiture as provided in § 1-18 of the Code of the City of Hudson.
F.
Severability.
The terms and provisions of this section are severable. If any term,
provision, or a portion of this section, for any reason is held to
be invalid, unconstitutional, or unenforceable by any court of competent
jurisdiction, such portion of this section shall be deemed separate,
distinct, and independent provisions of this section, and all remaining
portions of this section shall remain in full force and effect.