[HISTORY: Adopted by the Village Board of the Village of
Baldwin 4-28-2004 as Title 10, Ch. 3, of the 2004 Code. Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, 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 chapter
as if fully set forth herein. Acts required to be performed or prohibited
by such statutes are required or prohibited by this chapter. Any future
amendments, revisions or modifications of the statutes incorporated
herein by reference are intended to be made part of this chapter.
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350.01
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Definitions
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350.02
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Operation of snowmobiles on or in the vicinity of highways
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350.03
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Right-of-way
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350.04
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Snowmobile races, derbies and routes
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350.045
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Public utility exemption
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350.047
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Local ordinance to be filed
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350.05
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Operation by youthful operators restricted
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350.055
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Safety certification program established
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350.07
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Driving animals
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350.08
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Owner permitting operation
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350.09
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Head lamps, tail lamps and brakes, etc.
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350.10
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Miscellaneous provisions for snowmobile operation
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350.101
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Intoxicated snowmobiling
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350.102
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Preliminary breath screening test
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350.1025
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Application of intoxicated snowmobiling law
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350.104
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Chemical tests
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350.106
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Report arrest to department
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350.107
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Officer's action after arrest for operating a snowmobile while
under influence of intoxicant
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350.12
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Registration of snowmobiles; trail use stickers
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350.125
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Completion of application for registration by snowmobile dealers
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350.13
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Uniform trail signs and standards
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350.15
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Accidents and accident reports
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350.17
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Enforcement
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350.18
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Local ordinances
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350.19
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Liability of landowners
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350.99
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Parties to a violation
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The provisions describing and defining regulations with respect
to all-terrain vehicles in the following-enumerated subsections of
§ 23.33, Wis. Stats., and any future amendments or revisions,
are hereby adopted by reference and made part of this section as if
fully set forth herein. Any acts required to be performed by the following
Statutory Subsections or which are prohibited by such Statutory Subsections
are required to be performed by this section or are prohibited by
this section:
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23.33(1)
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Definitions [including Subsections (a) through (o)]
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23.33 (1m)
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Utility terrain vehicle program
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23.33(2)
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Registration
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23.33(3)
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Rules of operation
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23.33(4)
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Operation on or near highway [including Subsections (a) through
(e)]
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23.33(5)(a) and (c)
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Age restrictions
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23.33(6)
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Equipment requirements [including Subsections (a) through (e)]
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23.33(7)
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Accidents [including Subsections (a) and (b)]
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[1]
Editor's Note: This ordinance also amended the title of this
chapter, which was formerly Snowmobiles and All-Terrain Vehicles.
No person shall operate a snowmobile upon any street, highway
or alley within the Village of Baldwin in violation of the traffic
regulation provisions of §§ 346.04, 346.06, 346.11,
346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33,
346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b),
346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90,
346.91, 346.92(1) and 346.94(1) and (9), Wis. Stats.
[Amended 7-8-2015]
No person shall leave or allow a snowmobile/all-terrain vehicle/utility
terrain vehicle owned or operated by him/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.
[Amended 7-8-2015]
No person shall operate a snowmobile/all-terrain vehicle/utility terrain vehicle upon any sidewalk, pedestrian way or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 497-8 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
[Amended 7-8-2015]
A.
Traffic flow and speed. Snowmobile/all-terrain vehicle/utility terrain
vehicle traffic must travel with the normal traffic flow using the
right hand lane of traffic on all routes. The speed of a snowmobile/all-terrain
vehicle/utility terrain vehicle must be reasonable and prudent determined
by existing conditions and shall at no time exceed 10 miles per hour
within the Village limits while on the routes established.
B.
Parking. Parking of snowmobiles/all-terrain vehicles/utility terrain
vehicles on the streets of the Village is prohibited except that parking
of snowmobiles/all-terrain vehicles/utility terrain vehicles out of
the traffic lanes will be permitted on the snowmobile/all-terrain
vehicle/utility terrain vehicle route portion.
[Amended 7-8-2015]
A.
If he/she can do so without serious danger to his/her own snowmobile/all-terrain
vehicle/utility terrain vehicle or to persons on board, the operator
of a snowmobile/all-terrain vehicle/utility terrain vehicle involved
in a snowmobile/all-terrain vehicle/utility terrain vehicle accident
within the Village shall stop his/her snowmobile/all-terrain vehicle/utility
terrain vehicle 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/all-terrain
vehicle/utility terrain vehicle to any person injured and to the owner
of any property damaged in the accident.
B.
If the snowmobile/all-terrain vehicle/utility terrain vehicle accident
results in death or injury to any person or total property damage
in excess of $200, every operator of a snowmobile/all-terrain vehicle/utility
terrain vehicle involved in such accident shall, as soon as possible,
notify the Police Department of the accident and shall, within 10
days after the accident, file a written report thereof with the Department
on forms prescribed by it.
C.
If the operator of a snowmobile/all-terrain vehicle/utility terrain
vehicle is physically incapable of making the report required by this
section and there was another occupant on the snowmobile/all-terrain
vehicle/utility terrain vehicle at the time of the accident capable
of making the report, he/she shall make such report.
D.
"Snowmobile/all-terrain vehicle/utility terrain vehicle accident"
means a collision, accident or other casualty involving a snowmobile/all-terrain
vehicle/utility terrain vehicle.
A.
Operation areas designated.
[Amended 7-8-2015]
(1)
Generally. Except as provided in §§ 350.02 and 350.03, Wis. Stats., and in Subsection A(3) below, no person shall operate a snowmobile/all-terrain vehicle/utility terrain vehicle upon any public right-of-way, in any public park, or on any other public property in the Village except on designated routes or trails, adopted by the Village Board, or as otherwise permitted by this section.
[Amended 2-10-2021]
(2)
Operation on private premises restricted. No person shall operate
a snowmobile/all-terrain vehicle/utility terrain vehicle on any private
property not owned or controlled by him/her within the Village of
Baldwin without the express consent or permission of the owner of
said property.
(3)
Permitted. Operation of a snowmobile/all-terrain vehicle/utility
terrain vehicle upon any public right-of-way, in any public park,
or on any other public property is allowed by public entities such
as the Village Public Works Department, Village of Baldwin Police
Department, Baldwin-Woodville School District, United Fire and Rescue
and/or Baldwin EMS.
[Added 2-10-2021]
B.
Snowmobile/all-terrain vehicle/utility terrain vehicle routes designated.
The Village Board may, by resolution, designate snowmobile/all-terrain
vehicle/utility terrain vehicle routes/trails within the Village of
Baldwin.
[Amended 7-8-2015]
C.
Snowmobile/all-terrain vehicle/utility terrain vehicle access to
trail.
[Amended 3-13-2013; 7-8-2015]
(1)
Snowmobile/all-terrain vehicle/utility terrain vehicle access is
to provide a means for persons to travel from a residence within the
limits of the Village of Baldwin for the shortest distance that is
necessary for a person to operate a snowmobile/all-terrain vehicle/utility
terrain vehicle to the snowmobile/all-terrain vehicle/utility terrain
vehicle route or trail that is closest to that residence.
(2)
This subsection is adopted as authorized under § 350.18(3)(a),
Wis. Stats.
D.
Enforcement. This section shall be enforced by any law enforcement
officer of the Village of Baldwin.
E.
Trail markers. The Chief of Police is directed and authorized to
procure, erect and maintain appropriate snowmobile/all-terrain vehicle/utility
terrain vehicle route, trail or limit markers.
[Amended 7-8-2015]
F.
Rules of operation. A snowmobile/all-terrain vehicle/utility terrain vehicle operated on designated snowmobile routes over public highways shall observe the rules of the road for motor vehicles set forth in Ch. 346, Wis. Stats., and Chapter 547, Vehicles and Traffic, of this Code, which is hereby adopted by reference and made part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by such laws is required or prohibited by this section.
[Amended 7-8-2015]
G.
Declaring trails closed. Due to weather conditions or emergency,
the Village President or Chief of Police may declare snowmobile/all-terrain
vehicle/utility terrain vehicle trails closed within the Village.
[Amended 7-8-2015]
H.
Closing of trail. Any trail or section of trail may be closed by
the Village President or Chief of Police if in his opinion inadequate
coverage of snow or ice may lead to damage to the trail.[1]
[Amended 3-13-2013]
[1]
Editor's Note: Original Subsection (i), Minimum age for all-terrain
vehicles, which immediately followed this subsection, was repealed
3-13-2013.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, forfeit not less than $25 and not more than $500, together with the costs of prosecution, provided that 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 Chapter 547, Vehicles and Traffic, of this Code.
A.
Uniform citation for highway violations. The uniform traffic citation
promulgated under § 345.11, Wis. Stats., shall be used for
violations of this chapter relating to highway use except as herein
provided.
C.
Other violations. All violations of this chapter not described in Subsection A or B shall be enforced in accordance with §§ 66.0111 and 66.0114, Wis. Stats. Stipulations of guilt or no contest may be made as provided in § 66.0114(1)(b), Wis. Stats., in substantially the form provided in the uniform traffic citation within five days of the date of the citation for such violation. Bail deposits may also be made under § 66.0114, Wis. Stats.
D.
Police Department to receive stipulations and penalties. Stipulations,
forfeited penalties and deposits for obtaining release from arrest
authorized under this chapter may be accepted at the Police Department
offices.
E.
Forfeited penalties and deposits. Except as otherwise provided in
§ 345.26, Wis. Stats., and the deposit schedule adopted
by the Wisconsin Judicial Conference thereunder, required penalties
and deposits or bail not including costs or fees for violation of
this chapter shall be as established by the schedule adopted by the
Village Board. The penalty for violation of any provision of this
chapter shall be a forfeiture as herein provided together with costs
under § 345.27, Wis. Stats., and a penalty assessment, where
applicable, as required under § 757.05(1), Wis. Stats.
