§ 82-36. Adoption of state administrative code provisions.

(a)

Adoption. The administrative rules and regulations adopted by the secretary of the state department of transportation and published in the Wisconsin Administrative Code, exclusive of any provisions therein relating to the penalties to be imposed, are hereby adopted by reference and made part of this chapter as if fully set forth in this subsection.

(b)

Noncompliance. No person shall operate or allow to be operated on any highway, street or alley within the village a vehicle that is not in conformity with the requirements of subsection (a) of this section or the provisions of W.S.A., § 110.075 and ch. 347, incorporated by reference in section 82-1

(c)

Owner's liability. Any owner of a vehicle not equipped as required by this section who knowingly causes or permits such vehicle to be operated on a highway in violation of this section is as guilty of the violation of the section as if he had operated the vehicle. The provisions of W.S.A., § 347.04, relating to nonapplicability of demerit points, shall apply to owners convicted of violation of this section.

(d)

Safety checks. Safety checks are as follows:

(1)

Operators to submit to inspection. When directed to do so by any law enforcement officer, the operator of any motor vehicle shall stop and submit such vehicle to an inspection and such tests as are necessary to determine whether the vehicle meets the requirements of this section, or that the vehicle's equipment is in proper adjustment or repair. No person, when operating a motor vehicle, shall fail to stop and submit such vehicle to inspection when directed to do so by any law enforcement officer as provided in this subsection.

(2)

Authority of officer. Any law enforcement officer of the village is hereby empowered whenever he shall have reason to believe that any provision of this section is being violated to order the operator of the vehicle to stop and to submit such vehicle to an inspection with respect to brakes, lights, turn signals, steering, horns and warning devices, glass, mirrors, exhaust systems, windshield wipers, tires and other items of equipment.

(3)

Removal of vehicle from highway. Whenever, after inspection as provided by this section, a law enforcement officer determines that a vehicle is unsafe for operation, he may order it removed from the highway and not operated, except for purposes of removal and repair until the vehicle has been repaired as directed in a repair order. Repair orders may be in the form prescribed by the secretary of the department of transportation under W.S.A., § 110.075(5), and shall require the vehicle owner or operator to cause the repairs to be made and return evidence of compliance with the repair order to the department of the issuing officer within the time specified in the order.

(e)

Penalty for violation of section. Penalty for violation of any provision of this section, including the provisions of the Wisconsin Administration Code, incorporated by reference in subsection (a) of this section, shall be as provided in subsection (c) of this section, together with the costs of prosecution and applicable penalty assessment.

(Code 1966, § 4.12; Ord. No. 888, § I, 12-16-14)

State law reference

Motor vehicle inspections generally, W.S.A., § 110.075.