§ 82-302. Snowmobile operation within village limits.

(a)

Adoption by reference. Except as otherwise specifically provided in this section, the statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wisconsin Statutes are hereby adopted by reference and made part of this section as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code.

350.01	Definitions
350.02	Operation of snowmobiles on or in the vicinity of highways
350.03	Right-of-way
350.04	Snowmobile races, derbies and routes
350.045	Public utility exemption
350.047	Local utility exemption
350.05	Operation by youthful operators restricted
350.055	Safety certification program established
350.06	Firearms and bows
350.07	Driving animals
350.08	Owner permitting operation
350.09	Headlamps, taillamps and brakes, etc.
350.10	Miscellaneous provisions for snowmobile operation
350.12	Registration of snowmobiles
350.125	Completion of application for registration by snowmobile dealers
350.13	Uniform trail signs and standards
350.15	Accidents and accident reports
350.17	Enforcement
350.18	Local ordinances
350.19	Liability of landowners
350.99	Parties to a violation

 

(b)

Violations of state law. No person shall operate a snowmobile upon any street, highway or alley within the village in violation of the provisions of W.S.A., §§ 346.04, 346.06, 346.14(1), 346.18—346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46—346.48, 346.50(1)(b), 346.51—346.55, 346.87—346.91, 346.92(1) and 346.94.

(c)

Speed; hours of operation; equipment.

(1)

Speed. No person shall operate a snowmobile within the village at a speed in excess of 15 miles per hour.

(2)

Hours of operation restricted. No person shall operate a snowmobile anywhere within the village between the hours of 10:00 p.m. and 7:00 a.m.

(3)

Restriction on equipment. No snowmobile or other vehicle operating on a snowmobile route within the village shall be allowed if it has an expansion chamber or any muffler other than the type and size provided by the manufacturer. Each snowmobile must display a lighted headlight and taillight at all times, and such lights must conform to the requirements of W.S.A., § 350.09.

(d)

Unattended vehicles. No person shall leave or allow a snowmobile owned or operated by him or her to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.

(e)

Operation on sidewalks prohibited. No person shall operate a snowmobile upon any sidewalk, pedestrian way or upon the area between the sidewalk and the curb line of any street in the village, except as specifically authorized herein or for the purpose of crossing to obtain immediate access to an authorized area of operation. No person shall operate a snowmobile over any driveway or driveway apron.

(f)

Snowmobile operation restricted.

(1)

Operation on private property. Except as permitted by this section, it shall be unlawful to operate any snowmobile on the village streets, alleys, parks, parking lots or on any public lands or private lands or parking lots held open to the public. The operator shall at all times have the express consent of the owner before operation of the snowmobile on private property not owned or controlled by him or her.

(2)

Permitting operation by improper person prohibited. No owner or person having charge or control of a snowmobile shall authorize or permit any person to operate such snowmobile who is not permitted under state law to operate such snowmobile or who is under the influence of an intoxicant or a dangerous narcotic drug.

(3)

Operation while under influence prohibited. W.S.A., § 346.63 shall apply to the operation of a snowmobile any place within the village.

(4)

Operation in parks. No person shall drive a snowmobile in any park within the village except upon designated snowmobile trails as designated by the village board.

(5)

Written consent of owner required. The consent required under W.S.A., § 350.10(6), (11), (12) and (13), and subsection (a) above shall be written consent dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each must be obtained.

(g)

Restrictions on operators.

(1)

No person under the age of 12 years may operate a snowmobile. No person over the age of 12 years, but under the age of 16 years, may operate a snowmobile unless he holds a valid snowmobile safety certificate or is accompanied by a person over 18 years of age or by a person over 14 years of age having a snowmobile safety certificate issued by the department of natural resources.

(2)

No person shall operate any snowmobile upon any street, alley or other public right-of-way in the village unless such person shall have a valid motor vehicle operator's license or unless such operator is accompanied by a person who has a valid motor vehicle operator's license and who is occupying a seat on the vehicle.

(h)

Accidents and accident reports.

(1)

If he or she can do so without serious danger to himself/herself or to persons on board, the operator of a snowmobile involved in a snowmobile accident within the village shall stop his/her snowmobile and shall render to other persons affected thereby such assistance as may be practicable and necessary to save them from or minimize any danger caused by the accident and shall give his/her name and address and identification of his/her snowmobile to any person injured and to the owner of any property damaged in the accident.

(2)

If the snowmobile accident results in death or injury to any person or total property damage in excess of $500.00, every operator of a snowmobile involved in such accident shall, as soon as possible, notify the police department of the accident and shall, immediately after the accident, file a written report thereof with the department on forms prescribed by it.

(3)

If the operator of a snowmobile is physically incapable of making the report required by this section and there was another occupant in the snowmobile at the time of the accident capable of making the report, he/she shall make such report.

(4)

"Snowmobile accident" means a collision, accident or other casualty involving a snowmobile.

(i)

Snowmobile routes and trails designated.

(1)

Routes designated. Except as provided in W.S.A., §§ 350.02 and 350.045, or for snowmobile events authorized in accordance with W.S.A., § 350.04, no person shall operate a snowmobile upon any public right-of-way, in any public park or on any other public municipal property in the village except upon snowmobile routes and trails designated by the village board. The designated routes to be used within the village limits shall be adopted yearly by resolution by the village board, a copy of which shall be on file with the village clerk.

(2)

Trail markers. The director of public works is directed and authorized to procure, erect and maintain appropriate snowmobile routes, trail and limit signs and markers as approved by the state department of natural resources under W.S.A., § 350.13. The chief of police shall have the power to declare the stated snowmobile routes and trails either open or closed.

(3)

Markers to be obeyed. No person shall fail to obey any route or trail sign, marker or limit erected in accordance with this section.

(j)

Penalty. Any person who shall violate any provision of this section shall, upon conviction thereof, pay a forfeiture as set forth in the most current village board bail bond resolution, together with the costs of prosecution, and, in default of payment thereof, may be imprisoned in the county jail for not exceeding ten days, provided no person shall forfeit an amount in excess of the maximum fine or forfeiture allowed in the Wisconsin Statutes for the same offense and further provided that the penalty and forfeiture for parking violations on highways shall be the amount applicable to such violations by owners or operators of motor vehicles under this Code.

(Code 1966, § 4.21; Ord. No. 554, § I, 2-7-95; Ord. No. 888, § I, 12-16-14)

State law reference

Storage of junked automobiles generally, W.S.A., § 175.25.