SB 439

This bill authorizes any city, village, or town (municipality) or county to adopt

an ordinance under which traffic control attendants may be appointed to direct

traffic at special events in the municipality or county. Any appointment of a traffic

control attendant must specify all dates and times, and locations, for which the

appointment is valid. No municipality or county may appoint a person as a traffic

control attendant unless the person has received prior training in traffic control and

traffic safety. A person appointed as a traffic control attendant must wear an

insignia or uniform that designates the person as a traffic control attendant and

must be equipped with signals or signs to direct traffic.

Under the bill, a motor vehicle operator approaching a crosswalk that is

controlled by a traffic control attendant must follow the directions of the traffic

control attendant, even if the operator is facing a green traffic light. A "crosswalk"

includes both a marked crosswalk and an unmarked crosswalk formed at the

periphery of an intersection. If directed by the traffic control attendant to stop, the

operator must stop the vehicle between 10 and 30 feet from the crosswalk and remain

stopped until the traffic control attendant directs the operator to proceed. A motor

vehicle operator who fails to follow the directions of a traffic control attendant 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 second or subsequent conviction within a

year.

Current law imposes, with exceptions, liability on the owner of a vehicle that

is observed violating certain traffic laws, including vehicles observed by an adult

school crossing guard failing to follow the directions of the crossing guard. The owner

of a vehicle used to commit these traffic violations is subject to specified penalties,

but the owner's motor vehicle operating privilege may not be revoked or suspended

and no demerit points may be assessed against the owner's driving record. The

vehicle owner may assert certain defenses to owner liability.

This bill imposes, in the same manner applicable under current law to school

crossing guard violations, liability on the owner of a vehicle observed by a traffic

control attendant failing to follow the directions of the traffic control attendant

(violation). A traffic control attendant who observes a violation may, within 24 hours

after observing the violation, report the violation to a traffic officer of the county or

municipality in which the violation occurred. If the report contains specified

information, the traffic officer may, within 48 hours after receiving the report,

prepare a uniform traffic citation and serve it upon the owner of the vehicle involved

in the violation. The owner is liable for the violation, subject to certain limited

defenses. Although the owner generally may not assert as a defense that the owner

was not operating the vehicle at the time of the violation, the owner has a defense

to liability if the owner provides the traffic officer with the name and address of the

person who was operating the vehicle at the time of the violation and that person