349.02(2)(c)
(c) Notwithstanding
par. (a), a law enforcement officer may not stop a vehicle solely because the vehicle's color differs from the color stated in the application for registration of that vehicle. This paragraph does not limit the authority of a law enforcement officer to issue a citation for improper registration of a vehicle whose color differs from the color stated in the application for registration of the vehicle, if the difference is observed in the course of a stop or inspection made for other purposes.
349.02(3)(a)(a) In this subsection, "photo radar speed detection" means the detection of a vehicle's speed by use of a radar device combined with photographic identification of the vehicle.
349.02(3)(b)
(b) Notwithstanding
sub. (1), the state and local authorities may not use photo radar speed detection to determine compliance with any speed restriction imposed by
s. 346.57,
346.58,
346.59,
346.595 or
349.11 or a local ordinance in conformity therewith.
349.02 Annotation
In case of an emergency, a sheriff has the power to temporarily close any highway in the county and to divert traffic. 67 Atty. Gen. 335.
349.025
349.025
Quotas relating to the enforcement of traffic regulations prohibited. 349.025(1)(b)
(b) "Political subdivision" means a city, village, town or county.
349.025(1)(c)
(c) "State agency" means an office, commission, department or independent agency in the executive branch of state government.
349.025(1)(d)
(d) "Traffic regulation" means a provision of
chs. 194 or
341 to
348 or an ordinance enacted in accordance with this chapter.
349.025(2)
(2) No state agency or political subdivision of this state may require a law enforcement officer to issue a specific number of citations, complaints or warning notices during any specified time period for violations of traffic regulations.
349.025(3)
(3) A state agency or political subdivision may, for purposes of evaluating a law enforcement officer's job performance, compare the number of citations, complaints or warning notices issued by the law enforcement officer to the number of citations, complaints or warning notices issued by all law enforcement officers employed by the state agency or political subdivision who have similar job duties and who serve in the same administrative unit as the law enforcement officer.
349.025 History
History: 1999 a. 16.
349.03
349.03
Regulation by local authorities forbidden; exceptions. 349.03(1)(1)
Chapters 341 to
348 and
350 shall be uniform in operation throughout the state. No local authority may enact or enforce any traffic regulation unless such regulation:
349.03(2)
(2) No local authority may enact or enforce any traffic regulation providing for suspension or revocation of motor vehicle operator's licenses or requiring local registration of vehicles, except as authorized by
s. 341.35, or in any manner excluding or prohibiting any motor vehicle, mobile home, trailer or semitrailer whose owner has complied with
chs. 341 to
348 from the free use of all highways, except as authorized by
sub. (3) and
ss. 66.0429 (1) and
(3),
349.13,
349.17,
349.22 and
349.23.
349.03(2m)
(2m) Notwithstanding
sub. (2), a municipal court may suspend a license for a violation of a local ordinance in conformity with
s. 346.63 (1) or
(2m).
349.03(3)
(3) In a county having a population of at least 500,000, city councils and village boards may, as to streets within their corporate limits, and the county board may, as to all other highways, establish one-way lanes to be used only by specified public transportation vehicles but only to facilitate mass transit and taxicab movement. The authority granted by this subsection may be exercised extraterritorially by the county board of the populous county on those portions of county trunk and state trunk highways in contiguous counties which are within 2 miles of the populous county if the highways so affected are connected to highways similarly affected in the populous county and if the board of the contiguous county concurs.
349.03(4)
(4) If a violation under
s. 343.305 or
346.63 or a local ordinance in conformity with
s. 346.63 (1),
(5) or
(7) occurs within a law enforcement officer's jurisdiction, he or she may enforce the violation anywhere in the state.
349.03 Annotation
Section 349.03, in prohibitory language, is the same concept of municipal power that is expressed affirmatively in s. 349.06. These sections must be read together and establish one test. Janesville v. Walker,
50 Wis. 2d 35,
183 N.W.2d 158 (1971).
349.03 Annotation
A city ordinance prohibiting loud and unnecessary tire or engine noise was valid under ss. 349.03 (1) and 349.06 (1). City of Janesville v. Garthwaite,
83 Wis. 2d 866,
266 N.W.2d 418 (1978).
349.03 Annotation
There is no authority for municipalities to enact state administrative rules as ordinances. Town of East Troy v. A-1 Service Co., Inc.
196 Wis. 2d 120,
537 N.W.2d 126 (Ct. App. 1995).
EXPRESS REGULATORY POWERS
349.06
349.06
Authority to adopt traffic regulations in strict conformity with state law. 349.06(1)(a)(a) Except for the suspension or revocation of motor vehicle operator's licenses or except as provided in
par. (b), any local authority may enact and enforce any traffic regulation which is in strict conformity with one or more provisions of
chs. 341 to
348 and
350 for which the penalty for violation thereof is a forfeiture.
349.06(1)(b)
(b) Any local authority shall enact and enforce parking regulations and penalties for violations of those regulations which are in conformity with the provisions of
ss. 346.503,
346.505 and
346.56.
349.06(1)(c)
(c) Any local authority may enact and enforce any traffic regulation that is in strict conformity with any rule of the department promulgated under
ch. 110,
347 or
348, except rules pertaining to federal motor carrier safety standards, for which the penalty for a violation thereof is a forfeiture.
349.06(1m)
(1m) Notwithstanding
sub. (1), a municipal court may suspend a license for a violation of a local ordinance in conformity with
s. 346.63 (1) or
(2m).
349.06(2)
(2) Traffic regulations adopted by local authorities which incorporate by reference existing or future amendments to
chs. 340 to
348 or rules of the department shall be deemed to be in strict conformity and not contrary to or inconsistent with such chapters or rules. This subsection does not require local traffic regulations to incorporate state traffic laws or rules by reference in order to meet the requirements of
s. 349.03 or
sub. (1).
349.06 Annotation
Section 349.03, in prohibitory language, is the same concept of municipal power that is expressed affirmatively in s. 349.06. These sections must be read together and establish one test. Janesville v. Walker,
50 Wis. 2d 35,
183 N.W.2d 158 (1971).
349.06 Annotation
A city ordinance prohibiting loud and unnecessary tire or engine noise was valid under ss. 349.03 (1) and 349.06 (1). City of Janesville v. Garthwaite,
83 Wis. 2d 866,
266 N.W.2d 418 (1978).
349.06 Annotation
A county can enact and enforce traffic ordinances applicable to town roads. 64 Atty. Gen. 172.
349.065
349.065
Uniform traffic control devices. Local authorities shall place and maintain traffic control devices upon highways under their jurisdiction to regulate, warn, guide or inform traffic. The design, installation and operation or use of new traffic control devices placed and maintained by local authorities after the adoption of the uniform traffic control devices manual under
s. 84.02 (4) (e) shall conform to the manual. After January 1, 1977, all traffic control devices placed and maintained by local authorities shall conform to the manual.
349.065 History
History: 1973 c. 185.
349.07
349.07
Authority to designate through highways. 349.07(1)(1) The department may, when it deems it necessary for the public safety, by order declare any state trunk highway or connecting highway or portion thereof to be a through highway.
349.07(2)
(2) Every county highway committee may, when it deems necessary for the public safety, by order declare any county trunk highway or portion thereof to be a through highway, except that where a state trunk highway intersects a county trunk highway the department shall designate the through highway.
349.07(3)
(3) Every local authority may, when it deems it necessary for the public safety, by ordinance or resolution declare any highway or portion thereof under its exclusive jurisdiction to be a through highway.
349.07(4)
(4) No order, ordinance or resolution declaring any highway to be a through highway is effective until official stop signs or traffic control signals have been installed at the entrances thereto from other highways.
349.07(5)
(5) Through highway declarations under this section shall not apply to any paralleling service roads.
349.07(6)(a)(a) Nothing in this section shall prohibit local authorities from placing additional stop signs on the roadway or temporary school zoning warning signs or temporary stop signs in the roadway at school crossings during periods of daylight when school children are using such crossings if such signs do not physically obstruct traffic.
349.07(6)(b)
(b) Nothing in this section shall prohibit local authorities from placing temporary stop signs in the roadway at intersections or crosswalks for limited periods of time if the local authorities deem it necessary for the public safety and if the signs do not physically obstruct traffic.
349.07(7)(a)(a) The department may, when it deems necessary for the public safety, by order provide for the installation of yield signs on state trunk highways and connecting highways, and the governing body of any city, or county, may by ordinance or resolution provide, when it deems it necessary for the public safety, for the installation of yield signs on any through highway which has been so declared under
sub. (3) and under its exclusive jurisdiction to regulate merging traffic movements and conflicting movements occurring within the intersection of 2 or more highways. Yield signs shall not be used in lieu of stop signs where a highway directly crosses a through 2-way highway.
349.07(7)(b)
(b) The governing body of any town, city, village or county may by ordinance or resolution provide for the installation of yield signs at any intersection over which it has exclusive jurisdiction, but if the intersection is part of a through highway such yield signs can be installed at such intersections only as provided in
par. (a).
349.07(8)
(8) The governing body of any town, city, village or county may by ordinance or resolution provide for the installation of stop signs and traffic signals at intersections on highways over which it has exclusive jurisdiction.
349.07 Annotation
Legislative Council Note, 1977: Section 349.08 (6) (a), relating to the placement of yield signs, is renumbered s. 349.07 (7) (a) and amended to prohibit the use of yield signs in lieu of stop signs where a highway directly crosses a through 2-way highway; the present prohibition against the use of yield signs in lieu of stop signs is overly broad in that it is not restricted to highways which directly cross through highways. By definition, the entrances to a "through highway" from intersecting highways must be controlled by traffic control signals or stop signs; "through highway" is defined in s. 340.01 (67). [Bill 465-A]
349.08
349.08
Cost of signs and traffic control signals. The department may, when requested, furnish official traffic control devices and highway paint at cost to any local authority.
349.085
349.085
Authority to install stop signs at railroad grade crossings. Local authorities may, by ordinance, when they deem it necessary for the public safety, install official stop signs at public traveled railroad grade crossings on highways maintained by the respective authorities.
349.085 History
History: 1977 c. 116.
349.09
349.09
Authority to remove prohibited signs or signals. Every sign, signal, marking or device which is placed, maintained or displayed in violation of
s. 346.41 is declared to be a public nuisance. The authority in charge of maintenance of the highway in question may notify in writing the owner or occupant of the premises upon which the nuisance exists or the person causing or maintaining the nuisance to remove the same. If such nuisance is not removed within 30 days after such notice is given or if an unauthorized signal or device is found to be in operation at any time after such notice is given, the authority in charge of maintenance of the highway may cause the nuisance to be removed and collect the expense of removal from the person notified to remove it. The expense of removal may be charged against the premises and, upon certificate of the highway authority causing the removal, assessed as are other special taxes.
349.10
349.10
Authority to designate one-way highways, safety zones, turns and lanes. 349.10(1)
(1) The department, county highway committees and local authorities in regard to highways under their respective jurisdictions, may:
349.10(1)(a)
(a) Declare by order, ordinance or resolution and designate by appropriate signs any highway or portion thereof to be a one-way highway and require that all vehicles be operated in one specific direction on such highway.
349.10(1)(b)
(b) Designate by mark or markers certain places on highways as safety zones or erect and maintain islands of safety and regulate and control traffic with respect to such safety zones and islands of safety.
349.10(1)(c)
(c) By order, ordinance or resolution and by the erection of appropriate signs, prohibit right or left turns at intersections by all vehicles or by certain types of vehicles.
349.10(1)(d)
(d) Place official traffic control devices within or adjacent to intersections and thereby require and direct that a different course from that specified in
s. 346.31 be traveled by vehicles turning at the intersection.
349.10(1)(e)
(e) Mark lanes for traffic upon any roadway and designate specific lanes for slow-moving traffic or for traffic moving in a particular direction.
349.10(1)(f)
(f) By order, ordinance or resolution and by the erection of appropriate signs, prohibit U-turns at specified locations. The local authority with the approval of the department may prohibit U-turns and erect appropriate signs on state trunk highways within cities, villages and towns.
349.10(2)
(2) No local authority shall declare any part of a connecting highway between portions of the state trunk highway system to be a one-way highway or prohibit right or left turns at any intersection of one such connecting highway with another without due regard for the expeditious flow of intercity traffic using the state trunk highways and without first conferring with the department on the problems involved.
349.105
349.105
Authority to prohibit certain traffic on expressways and freeways. The authority in charge of maintenance of an expressway or freeway may, by order, ordinance or resolution, prohibit the use of such expressway or freeway by pedestrians, persons riding bicycles or other nonmotorized traffic or by persons operating mopeds or motor bicycles. The state or local authority adopting any such prohibitory regulation shall erect and maintain official signs giving notice thereof on the expressway or freeway to which such prohibition applies.
349.105 History
History: 1983 a. 243.
349.11
349.11
Authority to modify speed restrictions. 349.11(1)(a)(a) Whenever the department with respect to the state trunk highway system and the local authorities with respect to highways under their jurisdiction determine upon the basis of an engineering and traffic investigation that any statutory speed limit is greater or less than is reasonable or safe under the conditions found to exist upon any part of a highway or that the actual speed of vehicles upon any part of a highway is greater or less than is reasonable and prudent, the department with respect to the state trunk highway system and the local authorities with respect to highways under their jurisdiction may, subject to the limitations set forth in
subs. (2) and
(3), determine and declare a reasonable and safe speed limit on the highway or part thereof in question. When appropriate signs giving notice of such speed limit have been erected and are in place, such speed limit shall be effective at all times or at such times as indicated by the signs.
349.11(1)(b)
(b) Whenever the department with respect to the state trunk highway system determines, upon the basis of an engineering and traffic investigation, that any statutory minimum speed limit is greater or less than is reasonable or safe under the conditions found to exist upon any part of a highway or that the actual minimum speed of vehicles upon any part of a highway is greater or less than is reasonable and prudent, the department with respect to the state trunk highway system may, subject to applicable limitations in
subs. (2) and
(3), determine and declare a reasonable and safe minimum speed limit on the highway or part thereof in question. When appropriate signs giving notice of such minimum speed limit have been erected and are in place such minimum speed limit shall be effective at all times or at such times as indicated by the signs.
349.11(2)
(2) The department may not do any of the following:
349.11(2)(c)
(c) Modify the statutory speed limit on more than 2,000 miles of state trunk highways. The first mile outside of and immediately adjacent to any incorporated municipality shall not be counted in computing such 2,000 miles. This paragraph does not apply to freeways or to expressways, as defined in
s. 346.57 (1) (ag) and
(am).
349.11(3)(c)
(c) Modify any existing speed limit without the consent of the department except to reduce the speed limit as provided under
sub. (10), or to increase the speed limit stated in
s. 346.57 (4) (e),
(f) or
(g), or to reduce by 10 miles per hour or less the speed limit stated in
s. 346.57 (4) (a),
(b) or
(d) to
(j), or to reduce by 15 miles per hour or less the speed limit stated in
s. 346.57 (4) (k). Whenever department approval is required, no signs giving notice of a modification of the speed limit may be erected until such approval has been received.
349.11(4)
(4) The department upon request from any county highway committee or local authority shall, or upon its own initiative may, conduct an investigation of any bridge, causeway, viaduct or structure on any highway. If it finds that any such structure cannot with safety to itself withstand vehicles traveling at the speeds otherwise permitted by law or if it finds that such structure is substandard as to width and that it is necessary from the standpoint of traffic safety to reduce the speed of vehicles using such structure, the department shall determine and declare the maximum vehicular speed which such structure can withstand or which can be maintained in safety on such structure. When appropriate signs giving notice of such maximum speed have been erected at a suitable distance before each end of the structure, such posted speed limit is the effective speed limit on such structure at all times when the signs are in place. The findings and determination of the department are conclusive evidence of the maximum speed which can be maintained with safety to or on any such structure.
349.11(5)
(5) Except as provided in
sub. (10), the department and local authorities shall place and maintain upon all highways, where the speed limit is modified by them pursuant to this section, standard signs giving notice of such speed. All speed limit signs so erected shall conform to the rules of the department.
349.11(6)
(6) No liability shall attach to the department or to any local authority by reason of the posting of a speed limit pursuant to this section nor shall such posting guarantee that the posted speed is reasonable and safe under all conditions.
