346.94
346.94
Miscellaneous prohibited acts. 346.94(1)
(1)
Driving on sidewalk. The operator of a vehicle shall not drive upon any sidewalk area except at a permanent or temporarily established driveway unless permitted to do so by the local authorities.
346.94(2)
(2) Racing. No operator of a motor vehicle shall participate in any race or speed or endurance contest upon any highway.
346.94(4)
(4) Missiles, circulars or pamphlets. No person shall throw any missile, circular or pamphlet at the occupants of any vehicle or throw or place any missile, circular or pamphlet in or on any vehicle, whether or not the vehicle is occupied. This subsection does not apply to any person who places on a vehicle educational material relating to the parking privileges of physically disabled persons if the person has a good faith belief that the vehicle is violating state or local law on parking for motor vehicles used by the physically disabled and the educational material has been approved by the council on physical disabilities as provided under
s. 46.29 (1) (em).
346.94(5)
(5) Placing injurious substance on highway. No person shall place or cause to be placed upon a highway any foreign substance which is or may be injurious to any vehicle or part thereof.
346.94(7)
(7) Spilling loads of waste or foreign matter. The operator of every vehicle transporting waste or foreign matter on the highways of this state shall provide adequate facilities to prevent such waste or foreign matter from spilling on or along the highways.
346.94(8)
(8) Transporting persons in mobile homes or boats. Except as provided in
sub. (8m), no person may operate a motor vehicle towing any mobile home or boat on a trailer upon a highway when any person is in such mobile home or boat.
346.94(8m)
(8m) Transporting persons in fifth-wheel mobile homes. 346.94(8m)(a)(a) No person may operate a motor vehicle towing a fifth-wheel mobile home upon a highway when any person under the age of 12 years is in the fifth-wheel mobile home unless one person 16 years of age or older is also in the fifth-wheel mobile home.
346.94(8m)(b)
(b) No person may operate a motor vehicle towing a fifth-wheel mobile home upon a highway with any person in such mobile home unless the fifth-wheel mobile home is equipped with a two-way communications system in proper working order and capable of providing voice communications between the operator of the towing vehicle and any occupant of the fifth-wheel mobile home.
346.94(9)
(9) Alighting from or boarding moving vehicle. No person shall alight from or board any vehicle when such vehicle is in motion.
346.94(10)
(10) Clinging to moving vehicle. No person riding upon a motor bicycle, moped or motorcycle may attach the same or himself or herself to any other moving vehicle upon a highway except when the motor bicycle, moped or motorcycle is incapacitated and being towed. A tow device attached to a towed motor bicycle, moped or motorcycle shall be attached so that an operator of the towed vehicle may release the tow device at any time.
346.94(11)
(11) Towing sleds, etc. No person shall operate any vehicle or combination of vehicles upon a highway when such vehicle or combination of vehicles is towing any toboggan, sled, skis, bicycle, skates or toy vehicle bearing any person.
346.94(12)
(12) Driving on bicycle lane or bicycle way. No operator of a motor vehicle may drive upon a bicycle lane or bicycle way except to enter a driveway, to merge into a bicycle lane before turning at an intersection, or to enter or leave a parking space located adjacent to the bicycle lane or bicycle way. Persons operating a motor vehicle upon a bicycle lane or bicycle way shall yield the right-of-way to all bicycles and electric personal assistive mobility devices within the bicycle lane or bicycle way.
346.94(13)
(13) Abandoned motor vehicles. No person may cause a motor vehicle to be abandoned, within the meaning of
s. 342.40 (1m) or
(4) (b) 1., on or along any highway or on any public or private property.
346.94(14)
(14) Use of flashing blue lights along highways. Except as provided in
ss. 346.03 (3) and
347.25 (1m) and
(1s), no person may maintain or operate any device equipped with a flashing, oscillating or rotating blue light within 100 feet of a highway if the light is visible from the highway and if the department or the local authority responsible for maintaining the highway determines that motorists would believe the light was the warning light of a police vehicle. This subsection does not apply to airport lights.
346.94(15)
(15) Towing by buses or human service vehicles. No person may operate a school bus or a human service vehicle over any public highway of this state with any trailer or semitrailer attached. This subsection does not apply to a school bus that is not required to be registered under
ch. 341 and that is registered in another jurisdiction in which the law of that jurisdiction permits the school bus to be operated with a trailer or semitrailer attached.
346.94(16)
(16) Radios or other electric sound amplification devices. 346.94(16)(a)(a) 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 device emitting sound from the vehicle that is audible under normal conditions from a distance of 75 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition.
346.94(16)(b)
(b) This subsection does not apply to any of the following:
346.94(16)(b)1.
1. 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.
346.94(16)(b)3.
3. The operator of a vehicle that is being used for advertising purposes.
346.94(16)(b)4.
4. The operator of a vehicle that is being used in a community event or celebration, procession or assemblage.
346.94(16)(b)6.
6. The operator of a motorcycle being operated outside of a business or residence district.
346.94(17)(a)(a) A person riding upon in-line skates may go upon any roadway under the jurisdiction of a local authority, subject to any restrictions specified by municipal ordinance enacted under
s. 349.235.
346.94(17)(b)
(b) Any person riding upon in-line skates upon any roadway shall ride in a careful and prudent manner and with due regard under the circumstances for the safety of all persons using the roadway.
346.94(17)(c)
(c) Notwithstanding any other provision of this subsection or
s. 349.235, no person riding upon in-line skates may attach the in-line skates or himself or herself to any vehicle upon a roadway or, except while crossing a roadway at a crosswalk, go upon any roadway under the jurisdiction of the department.
346.94(18)
(18) Electric personal assistive mobility devices on roadways and sidewalks. 346.94(18)(a)1.1. Except as otherwise prohibited in this chapter, a person may operate an electric personal assistive mobility device upon any roadway or sidewalk that is under the jurisdiction of the department.
346.94(18)(a)2.
2. Except as provided in
s. 349.236 (1) (c), the department may by rule prohibit electric personal assistive mobility devices upon any roadway under its jurisdiction for which the speed limit is more than 25 miles per hour, and may by rule prohibit such devices upon any sidewalk under its jurisdiction. This subdivision does not apply upon any sidewalk at a permanent or temporarily established driveway.
346.94(18)(b)
(b) A person may operate an electric personal assistive mobility device upon any roadway under the jurisdiction of a local authority, subject to any prohibitions specified by municipal ordinance enacted under
s. 349.236.
346.94(19)
(19) Off-road utility vehicles on roadway. 346.94(19)(a)(a) A person may operate an off-road utility vehicle upon any roadway that has a speed limit of 35 miles per hour or less. This paragraph applies only if the person operating the off-road utility vehicle is employed by, or under contract with, the state or a local governmental unit, as defined in
s. 19.42 (7u), and the off-road utility vehicle is being used for the state or local governmental purpose of collecting residential or commercial solid waste, landscaping, or performing incidental street maintenance, and is operated on a highway for a distance not to exceed one half mile.
346.94(19)(b)
(b) No person may operate an off-road utility vehicle upon any highway that has a speed limit of more than 35 miles per hour.
346.94 Annotation
An ordinance adopting sub. (4) in its entirety violated the constitutional guarantee of free speech. Deida v. City of Milwaukee,
176 F. Supp. 2d 859 (2001).
346.945
346.945
Vehicle owner's liability for radios or other electric sound amplification devices. 346.945(1)(a)(a) Subject to
s. 346.01 (2), the owner of a vehicle involved in a violation of
s. 346.94 (16) shall be presumed liable for the violation as provided in this section.
346.945(1)(b)
(b) Notwithstanding
par. (a), no owner of a vehicle involved in a violation of
s. 346.94 (16) may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under
s. 346.94 (16).
346.945(2)
(2) Any member of the public who observes a violation of
s. 346.94 (16) may prepare a written report indicating that a violation has occurred. If possible, the report shall contain the following information:
346.945(2)(a)
(a) The time and the approximate location at which the violation occurred.
346.945(2)(b)
(b) The license number and color of the motor vehicle involved in the violation.
346.945(2)(c)
(c) Identification of the motor vehicle as an automobile, motor truck, motor bus, motorcycle or other type of vehicle.
346.945(3)(a)1.1. 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.
346.945(3)(a)2.
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.
346.945(3)(b)
(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.
346.945(3)(c)
(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.
346.945(4)
(4) Defenses to the imposition of liability under this section include:
346.945(4)(a)
(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.
346.945(4)(b)
(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).
346.945(4)(c)
(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).
346.945(4)(d)
(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).
346.95
346.95
Penalty for violating sections 346.87 to 346.94. 346.95(2m)
(2m) Any person violating
s. 346.935 may be required to forfeit not more than $100.
346.95(4)
(4) Any person violating
s. 346.923,
346.925, or
346.94 (8) or
(8m) may be required to forfeit not more than $20 for the first offense and not more than $50 for each subsequent offense.
346.95(5e)
(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.
346.95(5g)
(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).
346.95(6)
(6) Any person violating
s. 346.94 (17) or
(18) may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or subsequent conviction within a year.
346.95(7)
(7) Any person violating
s. 346.922 may be required to forfeit not less than $10 nor more than $25 for the first offense and not less than $25 nor more than $200 for a 2nd or subsequent conviction within 3 years.
346.95(8)
(8) Any person violating
s. 346.94 (19) may be required to forfeit not less than $30 nor more than $300.
346.95 History
History: 1971 c. 278;
1973 c. 182,
314,
336;
1975 c. 297,
320;
1977 c. 68;
1983 a. 56,
175,
538;
1989 a. 335 s.
89;
1991 a. 83;
1993 a. 260,
455;
1995 a. 194,
373,
420;
1999 a. 109;
2001 a. 90;
2003 a. 192,
297,
327.
