SB385: Bill Text

SB385,10,3 (8) This section applies only in a 1st class city.

SB385,10,5 (9) This section does not apply 5 years after the effective date of this subsection .... [LRB inserts date].

SB385,3 Section 3 . 346.60 (6) of the statutes is created to read:

SB385,10,14 346.60 (6) A vehicle owner found liable under s. 346.575 is subject to a forfeiture in the same amount that may be imposed on a vehicle operator for the corresponding violation of s. 346.57 including, if applicable, the doubling of the forfeiture as provided in sub. (3m) (a). For purposes of this subsection, a person's prior violation of s. 346.57 may be counted as a prior violation of s. 346.575. Imposition of liability under s. 346.575 shall not result in suspension or revocation of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in demerit points being recorded on a person's driving record under s. 343.32 (2) (a).

SB385,4 Section 4 . 349.107 of the statutes is created to read:

SB385,10,17 349.107 Authority to use traffic control photographic systems. (1) In this section:

SB385,10,20 (a) In addition to the meaning given in s. 340.01 (42), “owner" means, with respect to a vehicle that is registered, or that is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle.

SB385,10,25 (b) “Traffic control photographic system" means an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed for use with an official traffic control signal to automatically produce photographs or video or digital images, stamped with the time and date, of vehicles moving through an intersection.

SB385,11,2 (2) Subject to sub. (3), the leadership of a 1st class city may enact an ordinance that does all of the following:

SB385,11,4 (a) Subjects a person to a forfeiture for being the owner of a motor vehicle that does any of the following:

SB385,11,6 1. When facing a traffic control signal at an intersection that exhibits a red light, including a flashing red light, fully enters the intersection without stopping.

SB385,11,10 2. When facing a traffic control signal at an intersection that exhibits a red light, other than a flashing red light, after stopping at the intersection, proceeds through the intersection before the traffic control signal exhibits a green light if the vehicle is not making a right turn.

SB385,11,13 (b) Allows the use of a traffic control photographic system on highways under the jurisdiction of the municipality, including connecting highways, for the purpose of detecting violations described in par. (a).

SB385,11,16 (c) Subjects a person to a forfeiture for being the lessee or operator of a motor vehicle the owner of which would be subject to a forfeiture under this section but for the owner's successful assertion of a defense under sub. (3) (c) 2. or 3.

SB385,11,20 (d) Requires that forfeitures collected under this section be deposited in a separate segregated account from which moneys may be used only for purposes of traffic enforcement and traffic safety programs administered by the local law enforcement agency providing police services in the collecting municipality.

SB385,11,21 (3) An ordinance enacted under sub. (2) shall include all of the following:

SB385,12,2 (a) A requirement that official traffic signs be placed at or reasonably near the corporate limits of the municipality on all county trunk highways and connecting highways under the jurisdiction of the municipality informing motorists that intersections in the municipality may be monitored by traffic control photographic systems.

SB385,12,13 (b) A requirement that, if a traffic officer employed by the governing body of the municipality prepares a citation for a violation of an ordinance enacted under this section, the traffic officer shall serve the owner of the vehicle with the citation, within 5 business days after the violation, by personal service or by mailing the citation by certified mail addressed to the owner's last-known address. If the citation may be issued under par. (c) to the lessee or operator of the vehicle, the traffic officer shall serve the lessee or operator with the citation, in the same manner required for service on the vehicle owner, within 5 business days of determining that the vehicle owner is likely to successfully assert a defense under par. (c). A traffic officer shall send with the citation a duplicate of the photograph, video, or digital image, taken by the traffic control photographic system, of the vehicle involved in the violation.

SB385,12,16 (c) A provision that it is not a defense to a violation of the ordinance that the owner was not in control of the vehicle at the time of the violation, except that all of the following are defenses to a violation of an ordinance enacted under this section:

SB385,12,19 1. That a report that the vehicle was stolen was made by the owner to a law enforcement agency before the violation occurred or within 7 business days after the violation occurred.

SB385,12,24 2. That the vehicle is owned by a lessor of vehicles and is registered in the name of the lessor, that at the time of the violation the vehicle was in the possession of a lessee, and that the lessor provided a traffic officer with the information required under s. 343.46 (3). In that case, the lessee may be issued a citation and charged with a violation of the ordinance enacted under this section.

SB385,13,6 3. That 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), at the time of the violation the vehicle was being operated by a person on a trial run, and the dealer provided a traffic officer with the name, address, and operator's license number of the person operating the vehicle. In that case, the person operating the vehicle may be issued a citation and charged with a violation of the ordinance enacted under this section.

SB385,13,7 4. Any other defense specified in the ordinance.

SB385,13,11 (d) A provision that permits a court to impose a forfeiture for a violation of an ordinance enacted under this section of not more than the same amount that may be imposed on a vehicle operator for the corresponding violation of s. 346.37 (1) (c) 1. or 3.

SB385,13,15 (e) A requirement that any photograph or video or digital image produced by the traffic control photographic system be taken from a direction to the rear of the vehicles moving through an intersection and be focused on the rear registration plate of such vehicles.

SB385,13,19 (f) A requirement that a traffic control photographic system may be used only at an intersection that is identified as having an annual accident rate of 1.0 or greater in studies performed by the municipality in the 5 most recent years of high frequency crash locations.

SB385,13,21 (g) A requirement that traffic control photographic systems may be used at no more than 5 intersections in an aldermanic district.

SB385,14,2 (4) Nothing in this section prohibits the issuance of a citation to the operator of a motor vehicle for a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3., but a person may not be subject to a forfeiture for a violation of an ordinance enacted under this section and a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3. arising from the same incident or occurrence.

SB385,14,4 (5) This section does not apply 5 years after the effective date of this subsection .... [LRB inserts date].

SB385,14,5 (End)