Inadequate Traffic-Control Device Under Wis. Stat. §346.02
Wis. Stat. §346.02(7) provides that 'no provision of this chapter for which official traffic signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.' This mirrors Minnesota's defense and is mandatory — the citation must be dismissed if the sign was missing, obstructed, faded, or non-conforming to the Wisconsin MUTCD. This is a complete statutory defense in any Wisconsin court or administrative bureau.
Legal basis
Wis. Stat. §346.02(7); Wisconsin MUTCD; State v. Wendt (signage defects)
Sample appeal wording
[DATE] [CITY/COUNTY] Parking Citation Bureau Re: Citation #[NUMBER] I appeal this citation under Wis. Stat. §346.02(7), which provides that 'no provision of this chapter for which official traffic signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.' At the time and location of the alleged violation, the regulating sign was [missing / obstructed by [TREE/SNOW/GRAFFITI] / faded beyond legibility / knocked down / not conforming to the Wisconsin MUTCD]. Photographs taken on [DATE] (Exhibits A-[X]) document the defect. Under §346.02(7), the citation cannot be enforced and must be dismissed. Sincerely, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Wis. Stat. §346.02 (docs.legis.wisconsin.gov/statutes/statutes/346/i/02)
- Wisconsin MUTCD
- Milwaukee Code of Ordinances Ch. 101