AB438: Bill Text Engrossed

AB438-engrossed,6,6 (a) The time and the approximate location at which the violation occurred.

AB438-engrossed,6,7 (b) The license number and color of the motor vehicle involved in the violation.

AB438-engrossed,6,9 (c) Identification of the motor vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

AB438-engrossed,6,14 (3) (a) 1. Within 24 hours after observing the violation, a member of the public may deliver a report containing all of the information in sub. (2) to a traffic officer of the county or municipality in which the violation occurred. A report which does not contain all of the information in sub. (2) shall nevertheless be delivered and shall be maintained by the county or municipality for statistical purposes.

AB438-engrossed,6,19 2. Within 48 hours after receiving a report containing all of the information in sub. (2), the traffic officer shall investigate the violation and may prepare a uniform traffic citation under s. 345.11 and, within 72 hours after receiving such report, any traffic officer employed by the authority issuing the citation may personally serve it upon the owner of the vehicle.

AB438-engrossed,7,2 (b) If with reasonable diligence the owner cannot be served under par. (a), service may be made by leaving a copy of the citation at the owner's usual place of abode within this state in the presence of a competent member of the family who is at least 14 years of age and who shall be informed of the contents thereof. Service under this paragraph may be made by any traffic officer employed by the authority issuing the citation and shall be performed within 72 hours after a report containing all of the information in sub. (2) was delivered to a traffic officer under par. (a) 1.

AB438-engrossed,7,10 (c) If with reasonable diligence the owner cannot be served under par. (a) or (b) or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner's last-known address. Service under this paragraph shall be performed by posting the certified mail within 72 hours after a report containing all of the information in sub. (2) was delivered to a traffic officer under par. (a) 1. Except for owners who live outside of the jurisdiction of the issuing authority, service under this paragraph may not be performed unless service under pars. (a) and (b) has been attempted.

AB438-engrossed,7,11 (4) Defenses to the imposition of liability under this section include:

AB438-engrossed,7,13 (a) That a report that the vehicle was stolen was given to a traffic officer before the violation occurred or within a reasonable time after the violation occurred.

AB438-engrossed,7,20 (b) If the owner of the vehicle provides a traffic officer employed by the authority issuing the citation with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle or having the vehicle under his or her control at the time of the violation, then the owner of the vehicle shall not be liable under this section or under s. 346.94 (16).

AB438-engrossed,7,25 (c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer employed by the authority issuing the citation with the information required under s. 343.46 (3), then the lessee and not the lessor shall be liable under this section or under s. 346.94 (16).

AB438-engrossed,8,8 (d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a traffic officer employed by the authority issuing the citation with the name, address and operator's license number of the person operating the vehicle or having the vehicle under his or her control on a trial run, then that person, and not the dealer, shall be liable under this section or under the applicable provision of s. 346.94 (16).

AB438-engrossed,8,10 (5) Notwithstanding s. 346.94 (16) (b) 6., this section does not apply to the operation of a motorcycle.

AB438-engrossed, s. 4 Section 4. 346.95 (1) of the statutes is amended to read:

AB438-engrossed,8,15 346.95 (1) Any person violating s. 346.87, 346.88, 346.89 (2), 346.90 to 346.92 or 346.94 (1), (9), (10), (11), (12), or (15) or (16) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

AB438-engrossed, s. 5 Section 5. 346.95 (5e) of the statutes is created to read:

AB438-engrossed,8,19 346.95 (5e) Any person violating s. 346.94 (16) may be required to forfeit not less than $40 nor more than $80 for the first offense and not less than $100 nor more than $200 for the 2nd or subsequent conviction within a year.

AB438-engrossed, s. 6 Section 6. 346.95 (5g) of the statutes is created to read:

AB438-engrossed,9,2 346.95 (5g) A vehicle owner or other person found liable under s. 346.945 may be required to forfeit not less than $40 nor more than $80 for the first offense and not less than $100 nor more than $200 for the 2nd or subsequent conviction within a year. Imposition of liability under s. 346.945 shall not result in suspension or revocation of a person's operating license under s. 343.30, nor shall it result in demerit points being recorded on a person's driving record under s. 343.32 (2) (a).

AB438-engrossed, s. 6m Section 6m. 349.135 of the statutes is created to read:

AB438-engrossed,9,14 349.135 Authority to regulate radios or other electric sound amplification devices. (1) Notwithstanding s. 346.94 (16), the governing body of any town, city, village or county may, by ordinance, provide that, except as provided in s. 347.38 (1), no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification devise emitting sound from the vehicle that is clearly audible under normal conditions from a distance of 50 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition. The ordinance may provide that any person violating the ordinance may be required to forfeit not less than $40 nor more than $80 for the first violation and not less than $100 nor more than $200 for the 2nd or subsequent violation within a year.

AB438-engrossed,9,15 (2) Any ordinance enacted under sub. (1) may not apply to any of the following:

AB438-engrossed,9,18 (a) The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm.

AB438-engrossed,9,19 (b) The operator of a vehicle of a public utility, as defined in s. 11.40 (1) (a).

AB438-engrossed,9,20 (c) The operator of a vehicle that is being used for advertising purposes.

AB438-engrossed,9,22 (d) The operator of a vehicle that is being used in a community event or celebration, procession or assemblage.

AB438-engrossed,9,23 (e) The activation of a theft alarm signal device.

AB438-engrossed,9,25 (f) The operator of a motorcycle being operated outside of a business or residence district.

AB438-engrossed, s. 7 Section 7. Initial applicability.

AB438-engrossed,10,5 (1)  This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person, impounding a vehicle or impounding or seizing a sound-producing device or for suspending or revoking a person's operating privilege.

AB438-engrossed,10,6 (End)